Criminal Case (Jerusalem) 54589-02-17 State of Israel v. Oshri Sharon - part 255

The logic underlying Zeiger's argument is that we are dealing with price estimates of competitors for the purpose of formulating Harel's price proposal for a civil appeal (as emerges, for example, from Zeiger's responsa at p. 6078, paras. 23-27, pp. 6079, paras. 9-21).  However, it is clear that this is an internal document of Harel that is not intended to be sent to others (see also P/220, paras. 330-332, where Zeiger stated that Gilad also did not send the matter to others within Harel).  In fact, it is clear that this is so.  However, in the e-mails that Gilad sent to Zeiger, referring to the prices of Wii and Triple C, and together with price quotes, he stated that "this is Lewi" and "I have not yet sent" (P/352); and "I have not yet sent to anyone" (P/116, underline added).  The emails themselves indicate that these were price quotes that Gilad was about to send to the other suppliers.  Indeed, a short time later, Gilad even sent Chassia from Triple C (with a copy to Zeiger) – one of the planned proposals that he attached to Zeiger (P/118) – at a price that corresponded exactly to the price specified in the planning notice he sent to Zeiger (P/116).  This, too, undermines Zeiger's version, as if he understood the correspondence with Gilad as one that dealt with estimating the prices of competitors (and the attempt to grasp both explanations, p. 6085, paras. 8-18, was unreliable).  Nor was there a real basis for the fact that Harel used to make such assessments in relation to the prices of the competitors.  Zeiger and Harel did not refer in their summaries in the section relating to the indictment in question to similar emails that revolved around alleged price estimates as aforesaid.  No data was presented that could support the fact that Gilad's emails to Zeiger could have reflected price estimates (including no basis or reason for the differences in valuations with respect to Wei and Triple C).  Even an accurate price indication – "on the dollar" – in relation to the VII and Triple C – raises a question mark in this regard.  All of this, too, is enough to undermine Zeiger's claim that he understood the emails sent by Gilad – which clearly revolved around coordinating bid prices – as nothing more than estimates in relation to the prices that the competitors would submit.