Defendant 5 denies any connection to Plan, and has no knowledge of the transactions in which Plan, Danidov, Sevilla, and Piccolo Line were involved. Even if it is proven that these transactions, in whole or in part, were not real transactions as claimed by the prosecution, this does not affect the case of defendant 5, who, as stated, had no connection to these transactions.
As to the prosecution's claim that defendants 5 and 6 were involved in the distribution of the goods, defendant 5 claims that he was not involved in the distribution of the products, but that it was done by Yigal Fadlon, through the Piccolo-Line company, which was owned and controlled by him.
With regard to the question of control of Piccolo Line, Defendant 5 argues that this question is irrelevant, since the company is not accused in the indictment, and in any event, the main argument is that Defendant 5 did not control Piccolo Line. The company hired the services of an office from defendant 5, and the fact that the defendant was interested in details relating to the company's activity does not constitute evidence of control of the corporation.
The authority given to defendant 5 to sign on behalf of the company in the bank account was limited and specific, and these are not general signing rights in the name of the corporation. This right of signature was conditional on the addition of an additional signature of one of the shareholders, along with the company's stamp. The reason why defendant 5 received the right to sign in the account of the Piccolo-Line company at PAGI Bank lies in the fact that Roberto Wagman was the guarantor of this account at the bank's demand.
The application of the control tests in the corporation shows that defendant 5 did not control the Piccolo Line company, because, as stated, he had no formal control, nor functional control, in this corporation.
also in the alternative claim of the prosecution, according to which defendant 5 was an active manager of the Piccolo company-For wine, there is no substance. This is because this claim was not made in the indictment in its original version, but was raised for the first time only at the summary stage.