Defendant 1's arguments regarding Charge 8
- In the summaries of defendant 1, it was claimed that this defendant had no personal knowledge regarding the internal relations between Roberto Wagman, Opsa and Piccolo-Line. Defendant 1's entire understanding of this issue is based on documents he saw and on what he was told.
Since defendant 5 is the exclusive agent of Ofsa, he transferred his rights to import the goods from Ofsa to Piccolo-Lane, and this is not about transferring his agency agreement with Ofesa.
Since Roberto Wagman had an annual quota, which he had to order every year from Opsa, and when it became clear to him that Defendant 6, Fadlon, could not fulfill the order in accordance with the quota, Wagman approached Defendant 1 with a request to find an alternative orderer for him within the quota.
After contacting a number of companies, defendant 1 came to the conclusion that the European company Planes was the most suitable company for the transaction. At that time, Defendant 1 had business relations with a company from Belgium that belonged to Defendant 3, Araldo Frizzi. Defendant 1 alleges that Frizzi told him that the company was operated by a person named Christian Roger, with whom he was to be in contact for the purpose of managing Plan's business.
Since it was looking for transactions through which it could increase its turnover, in a way that would preserve its credit line at the bank, Plan had an economic interest in the very existence of large-volume transactions, regardless of their profitability. Against this background, Defendant 1 informed Defendant 5 that he had located a customer who was interested in purchasing the balance of his quota from scratch, and thus both Defendant 5, who would meet the quota and not lose the agency, and Plan, which would win the deal in large volume, benefited. Defendant 5 gave his consent to Plans contacting Ofsa directly and placing an order on his quota account, and indeed this was the case, when Plans contacted Ofsa to place an order on Wagman's quota account. Defendant 1 gave Christian the contact details with Ofesa, and after completing the brokerage operation, he left the picture. Following Plan's request to Opsa, Plans received an order form (P/180). From the moment of contact with Plan, all future orders from Ofsa were made as a derivative of Wagman's quota, which was reflected in Piccolo's annual order-For wine, but without any connection to it.