Caselaw

Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 248

September 13, 2011
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At a later stage, Planes asked to sell the merchandise, and Shlomo Metuk suggested that Schloss make the purchase, and the deal was eventually closed with Elhanan Tenenbaum.

As to the claim that the sales account of the Plans company was forged by defendant 1, it was claimed that he was not involved at all in the preparation of the sales account and certainly had nothing to do with the forgery of the document.

After Schloss purchased the merchandise from Plan, it sold it, through Shlomo Metuk and through the Merig company, to an Israeli dealer called Clinton Electronics, which is owned by Shmuel Arbiv.  The sale was made through the Marig company, since it is a company that is exempt from withholding tax.  All of the aforementioned transactions were carried out without the involvement of defendant 1.

As for the release of the goods, defendant 1 had no involvement in this or even in financing the payments for the release of the goods, and only at a later stage did he learn that the Clinton company bore the payments for the release of the goods.

The defendant confirms that he asked Shlomo Metuk to transfer the receipts for the goods directly to Aharon Calderon, and also asked to inform him regarding the sale of the goods, so that he would be able to keep track of the receipts that should reach Calderon.  The financier received the entire amount he transferred to the supplier for the goods, with one part received in the name of the client, Mand Electric, and another part received in the name of the adopting company Plan, which raised the money by selling the goods to Schloss.

Since the defendant did not commit any offense, according to him, the court was asked to acquit him of all the offenses attributed to him in the 11th indictment.

Defendant 1's arguments regarding Charge 13

  1. In the summaries of defendant 1, it was argued that the transaction that is the subject of the 13th indictment is identical to the transaction in the 14th indictment. The dealer Karim Bekir ordered, through Mand Electric, microwaves from the supplier

Shunde Glanz Electric Appliance Factory Ltd.  From China.  Bekir was unable to open documentary credit independently and therefore approached defendant 1 with a request to locate a financier who would open the documentary credit for him for the purpose of the transaction.  Defendant 1 claims that he brokered between Bekir and OPCI for the purpose of opening documentary credit, through the company's bank account, at Bank Leumi.  Defendant 1 offered Avi Kalamaro, Defendant 4, to rent out his unused credit volume, in exchange for a financing fee of 1.5%.  According to Defendant 1, this was confirmed by Kalmaro, both in his interrogations and in his testimony in court, and he stated that Defendant 1 approached him and mediated between him and Bekir.  In addition to the mediation between Bekir and OPCI, Defendant 1 arranged for Mand Electric the collateral that was required to be provided against the credit, and he also financed the payment of the commission for the opening of the documentary credit.

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