As for defendant 1, the prosecution claims that he was the one who gave Yehoshua Shlosh the details of Meir Ben Shimon and Lucien Sadeh, with the intention that they would be used to register the straw companies for both of them.
This conclusion is necessary because the details were transferred from Frizi to Rash, and from Shlosh to Rabbi Harpaz, and from this we can conclude that the details were transferred, in fact, from Uri Resh to Yehoshua Shlosh. Another circumstantial evidence is the presence of Meir Ben Shimon's name and address in the diary of Defendant 1, despite the fact that in his main testimony Rash denied not only knowing Ben Shimon, but even though he had heard his name. The prosecution notes that in his cross-examination, defendant 1 claimed that someone had dictated Ben Shimon's details to him, but he did not know how to explain the purpose for which this was done.
The prosecution further argues that the mental element of this offense is proven by countless evidences, and mainly from the fact that defendant 1 stood behind the aforementioned companies, and made use of them, from the day they were established.
According to Yehoshua Shlosh, in his testimony at the main trial, it was CPA Harpaz who initiated the establishment of the two companies, JCC and ICT, and that Defendant 1 was not involved in this. This version is inconsistent with the words of CPA Harpaz and is also illogical, since what interest does CPA have regarding the establishment of these companies?
In the recorded conversation between Yehoshua Chelouche and Araldo Frizzi, Chelouche referred to the meeting with Mrs. Ella Fishman, who was supposed to manage the two companies, and from the conversation it emerges that Defendant 1 is the decisive person regarding these companies. The prosecution argues that "the words of the aforementioned three prove that Uri Resch was the decision-maker regarding these companies from the beginning, since the companies were registered on August 22, 1999 and the decision of the board of directors appointing Fishman (P/237) was dated September 14, 1999, only three weeks later. Hence, he is also responsible for fraudulently registering the companies, and not only for using them."