Therefore, the defendants' arguments that the license renewal was fictitious and that the indications they pointed to do not support the claim that Wee's win was promised in advance. In any event, the arguments do not justify the coordination of price quotes or legitimize it.
- Wee claimed in her summaries that the accuser had changed the front in the summaries on her behalf. We have seen above that on December 1, 2011, Shahar sent Weinschel and Koffler a price quote of VMware for the renewal of VMware licenses for the 2012 civil appeal enterprises, in the sum of $175,764 (P/552). It is clear from the evidence that this is a proposal for a license renewal (Shahar, p. 2912, paras. 9-15; and see also P/551, P/550 and what is stated in paragraph 893 above). Wei's argument, in summary, is that the accuser's reference to the proposal of December 1, 2011 as a proposal by Wee to the Defense Forces constitutes a change of front. This is because the indictment alleges that Wei submitted an offer in the sum of $186,000, in a manner consistent with what Shachar had submitted even before the indictment (paragraph 138 of the indictment (without specifying the date of submission); P/90; see also Weinschel's testimony, at p. 614, para. 15 – p. 615, para. 8).
I cannot accept the argument. It was not clarified how the aforesaid would prejudice the possibility given to the defendants to defend themselves against the charge in question. The evidence regarding the suppliers' proposals was presented at the trial and the defense was given a full opportunity to deal with them.
Moreover, the focus of the indictment is the coordination correspondence between Shahar and Gilad, following which Gilad acted to submit Harel's price quote at the exact price requested by Shahar (P/88, P/368, P/86). An arrangement for coordinating the proposals, i.e., a request from Shachar to which Gilad agreed, is sufficient to establish the elements of the offense. Even Wei wouldn't have made another offer or any suggestion at all. In any case, the arguments regarding Wee's proposal or the change of façade do not change anything.