Caselaw

Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 246

September 13, 2011
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Shlomo Metuk informed Defendant 1 that he had released the goods through Schloss, as part of the agreement between him and Tenenbaum.  In order to enable the release of the goods by Schloss, it was agreed that this company would be recorded as informed in the bills of lading.

Defendant 1 further argues that Alon Granot's denial that Magnum was not involved in this transaction is also unreliable.  The evidence, and especially the banking documents, show that Magnum was involved, in accordance with the agreement according to which Magnum would transfer the payment to Tristar through a mechanism of documents to collect it, through Magnum's bank account at Mizrahi Bank.

Here, too, we are dealing with a process of adopting the transaction, since the person ordering the goods, Mickey Aharon of Masa, asked to hand over his rights in the order to another company, due to financing difficulties in paying the supplier.  Initially, Mickey Aharon planned to carry out the transaction through Magnum, but when he was required to transfer the entire payment in cash, he came to the conclusion that he would not be able to afford it and therefore asked to transfer his rights to an adoptive company.  Ultimately, and through Shlomo Metuk, Planes adopted the transaction, without the involvement of Defendant 1.

The price of the transaction for Plans was lower than the price it had to pay to Tristar, due to the drop in the price in the international market at the time.

Defendant 1 vehemently denies that he forged the sale account in the name of Plans, and claims that he only connected Shlomo Metuk with Christian Roger of Planes, in order to adopt the transaction.

After Schloss purchased the merchandise from Planas, Shlomo Sweet intended to market it through Merig, which he operated with Mario Weissman.  At this stage, according to Defendant 1, Mickey Aharon informed Shlomo Metok that he would succeed in raising the money to pay in cash against the documents and merchandise, and therefore he asked Sweet to purchase the goods from Schloss and Marrig.  Shlomo Metuk agreed to this and began to arrange the process of redemption of documents and payment with Magnum.

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