Another claim revolved around Zeiger's awareness. It was claimed that Zeiger was unaware of the price coordination between Shahar and Gilad, which was made behind his back, and that when he received the e-mails from Gilad with prices and quotes for V and Triple C (P/352, P/116), he thought that this was Gilad's estimate in relation to the prices that the competitors could offer for a civil appeal for the contents of the equipment in the MPR(X) aircraft, and that these prices could also be prices at which Harel offered competitors to buy the equipment from it (paras. 782-783 of Harel's summaries).
In addition, the defendants claimed that the MPR(X) missile was also fictitious, because Harel's victory in it was guaranteed in advance. This is both because it is equipment to which the Comptroller's agreement can be applied (for example, paragraphs 778, 789 of Harel's summaries), and because it was Harel that characterized the contents of the equipment for the project (e.g., paragraphs 779, 791 of Harel's summaries, paragraphs 551-554 of the Wii summaries; as well as the specifications P/107(a)-(c)); and that the CBM was nothing more than a "show" for the purpose of "arranged" the procurement file (for example, paragraphs 556-559 of the Wee summaries).
- Let us now turn to discuss all of the defense's arguments.
The offer for Triple C was for price coordination, and the claim that it was a purchase offer should be rejected
- Zeiger and Harel argued, as stated above, that the conduct with Triple C, to which Zeiger was a party (P/118, P/119), was a legitimate offer in which Gilad offered to Chasia from Triple C to purchase the contents of the CBM from Harel and not in the context of coordinating price quotes. In other words, the price of $357,646 mentioned there is the price at which Triple C was offered to purchase the contents from Harel, and not the price that Triple C was asked to specify in its bid to finance (e.g., paras. 784-785 of Harel's summaries). In this context, they referred, inter alia, to the testimony of Zeiger (e.g., p. 6085, paras. 8-18; see also: p. 5375, s. 18 - p. 5376, s. 5, p. 6084, paras. 10-25) as well as to messages sent by Chasia from Triple C subsequently (N/81, N/80) that supported, according to them, that the e-mail message sent by Gilad le-khatil revolved around a legitimate tender offer. It was further argued that the procurement of equipment from a supplier is possible, even though it is rare (paras. 793-794 of Harel's summaries, with reference, inter alia, to the testimony of Orshitzer, p. 2414, paras. 26 – p. 2415, para. 9; p. 2466, paras. 28 – p. 2467, para. 2).
- I am unable to accept the arguments that are inconsistent with the correspondence from a real time and have no basis.
- The evidence unequivocally indicates that an arrangement was made between Harel and Wei to coordinate the proposals for the MPR(X) Combat Unit. This is evident from the correspondence from real time as well as from Shahar's testimony. The understanding between Wei and Harel that Wei would submit a higher bid than Harel's was already formed on March 11, 2012 (see paragraph 1005 above). It clearly emerges from what Gilad wrote to Shachar: "I will send you something to send" (P/404) and later "submit it" (P/353) "Send it to Alex" (P/120), when at the end of the day Shachar also actually submitted the Wee proposal exactly in accordance with the understanding and arrangement (P/121).
Hence, Gilad's reference throughout to Wee and the price of Wee is to the price of coordination, the price of the offer that Wee will submit to Finance in accordance with the arrangement. There can be no doubt about this.