The defense further argues that there is no basis for the prosecution's claims, according to which Ben Shimon did not cooperate with the other defendants, and that there is certainly a possibility that he authorized others to sign on his behalf, with his full knowledge. There is no dispute that defendant 3 did not appear before the lawyer who drafted the documents, and did not have any contact with him. In addition, he did not accompany Yehoshua Shlosh, who was the living spirit in the establishment of the straw companies, and did not speak with him on this matter, and none of those involved claim that defendant 3 had a part in the acts. As such, it is clear that Defendant 3 had no idea about the actions of Uri Resch and/or Yehoshua Shlosh. Moreover, if defendant 3 was a full partner of the defendants, why did he not provide the name of the other shareholder in the company as well, and why, prima facie, did he make do with giving the name of only one person?
The defense argues that there is no possibility of accepting "the convoluted theory concocted by the accuser regarding the alleged involvement of defendant 3 in this charge, and he should be acquitted of any guilt for this charge."
Hearing and Decision on Charge No. 18
- Most of the facts alleged in the 18th indictment have already been discussed and decided by me, during the hearings on the previous charges.
These are two companies, JCC and ICT, which I have already determined were established by Yehoshua Chelouche and Defendant 1, through CPA Natan Harpaz. It is worth reiterating that Natan Harpaz was convicted in the Magistrate's Court of the offense of fraudulent receipt, under section 415 of the Penal Law, for the establishment of the aforementioned companies, while submitting memoranda of incorporation and articles of association bearing the forged signatures of the shareholders, as it were, Jan Schwartzman and Meir Ben Shimon (P/236). In the sentence of Natan Harpaz, it was stated that "based on the articles of association and the memorandum of incorporation, as well as on the certificates approved by the defendant the forged signatures of the aforementioned shareholders, the companies were registered with the Registrar of Companies in accordance with the law." The court sentenced Natan Harpaz to a suspended prison sentence and a fine.