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Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 245

September 13, 2011
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With regard to the release of the goods, the subject of the ninth indictment, through the customs broker Mentfield, it was claimed by defendant 1 that the persons who handled the release of the goods were Elhanan Tenenbaum and Shlomo Metok, in the name of the Schloss company, while defendant 1 had nothing to do with this matter.  The defendant claims that Tenenbaum's testimony on this question is unreliable, and that no weight should be attributed to his words.  Tenenbaum was the one who managed Schloss and its business, and as far as defendant 1 was concerned, this company was not a straw company, and he was not the controlling shareholder in it.  The defendant's part amounted to financing the costs and expenses of customs clearance, through the Nofar Dynamic company.

Regarding the tenth charge, the customs clearance was also carried out by Schloss, which would have purchased the goods from the adoptive company Storla.  Defendant 1 denies the allegation in the indictment, according to which he himself submitted to the Customs Authority, through the sales broker Continent, an import license to which a sales account of the Storla company is attached.

The receipts for the goods released from customs in the framework of charges 9 and 10 reached defendant 1, with the purpose of ensuring that the financier would receive the sums he paid for the opening of the documentary credit.  After deducting various fees, defendant 1 made sure to transfer the proceeds for the goods to the financier, Lantex in the ninth charge and Magnum in the tenth charge.  Part of the amount, in the value of the financing difference, was transferred to Mand Electric.

In light of the above, it was argued that the defendant should be acquitted of all the offenses attributed to him in charges 9 and 10.

Defendant 1's arguments regarding indictment 11

  1. With regard to Charge 11, it was claimed by Defendant 1 that his only involvement in the transaction was in mediation between the person ordering the goods, the Masa company owned by Mickey Aharon, and the financier, Alon Granot's Magnum Company. Later, the defendant mediated between Mickey Aharon and Shlomo Metuk and Plan, in order to examine the possibility of adopting the transaction.

Despite Mickey Aharon's denial that he ordered the goods from the supplier Tristar from Singapore, it was claimed by Defendant 1 that this testimony was not reliable, taking into account the fact that Mickey Aharon confirmed in his cross-examination that Tristar was his regular supplier, and that he used to order goods of the same type, on a regular basis.

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