With regard to the prosecution's claims that defendant 5 was involved in the act of fraud against customs, and that he shared the profits with the other defendants, defendant 5 reiterates that he ordered the goods and opened the documentary credit in favor of Opsa. After receiving the original documents from the bank and converting them by the bank, he transferred them as they are to defendant 1, thus ending his activity. All the acts that were committed afterwards were done without the involvement of defendant 5 and without his knowledge. There is no dispute that Ofsa received its money, the bank that received the original documents examined them, transferred them and handed them over to defendant 5 and they were given in their entirety to defendant 1, who as far as he was concerned represented O.P. CIA, in whose name the documents were published. Defendant 5 was not involved in the release of the goods by Danidov, and is certainly not connected to the attachment of the sales accounts issued by Plan. Even in the transaction that deals with the transfer of ownership of goods from Danidov to Sevilla, defendant 5 is not involved, and the same is true of the transfer of ownership of goods from Sevilla to Piccolo Line, at full price.
As to the claim that the stamps of OPCI and Sevilla were seized in the office of defendant 5, it was argued that this does not serve as any evidence against him regarding his involvement in the fraudulent acts. The stamp of the Sevilla Company was left by Defendant 1 in the office of Defendant 5, for the purpose of converting the checks of Sevilla that were given to Defendant 5 for discounting. This is also true of the OPCI stamp, which was left in the office by defendant 1, in case it is discovered that there is a missing stamp on any document that was given to the bank.
In light of the above, and since all of the prosecution's claims regarding defendant 5 have not been proven, it was argued by Attorney Ehud Dagan that it is lawful to acquit defendant 5 of all the offenses attributed to him in the framework of the eighth indictment.