I do not see any possibility that Mario Weissman initiated the transfer of the shares to the two aforementioned parties, since there is no evidence, or even prima facie, that Weissman knew Avraham Sztgowski or Meir Ben Shimon and the Forum Office company. On the other hand, defendant 1 had acquaintance with these elements, in the course of his activity, as detailed in the other charges, and this was even expressed in his personal diary (P/363).
With regard to the timing of the transfer of the shares, it seems that there is a reason in the prosecution's statements that this was done on February 20, 1999, as appears from the documents of the Registrar of Companies, and it is reasonable to assume that the date change was made by defendant 1, so that the liability can also be imposed on Mario Weissman. Moreover, even if defendant 1's claim that Mario Weissman continued to operate the Marig company during the period relevant to the indictment is accepted, this does not absolve defendant 1 of liability, since in any case he can be seen as an accomplice to an offense, in the sense of a joint operation. However, I determine, on the basis of the evidence presented to me, that Mario Weissman had no involvement in the management of the Marig company and the commission of the criminal acts during the period relevant to the indictment, and the responsibility rests, in its entirety, with Defendant 1.
Defendant 1's denial of this is not credible in my opinion, just as I did not trust the rest of the things he gave, as far as it relates to other companies operated by him.
As part of the 15th indictment, it was alleged that the Merig company issued fictitious invoices for the purpose of selling the goods that are the subject of the various charges. The company did not maintain books and submitted false VAT reports.
Indeed, the evidence shows that Merig did not maintain ledgers, and its activity was limited to issuing tax invoices to the parties who purchased the goods, which were received, as part of some of the affairs described in the indictment.