In real time, this is not how Gilad understood things. On the contrary, Gilad submitted Harel's offer to Elta at a total price that was roughly in line with what Shachar sent him (and with a small reduction in a way that was inconsistent with the purchase of Mew, in which case it was necessary to specify higher prices that would reflect a certain profit for Harel). Gilad even forwarded to Shachar, almost immediately, the offer submitted by Harel to Canitork (P/63), ostensibly in order to show Shahar that he (Gilad) acted in accordance with the agreement, and in a manner that is inconsistent with the claim of a purchase offer from Vey (since even if Harel intends to purchase certain equipment from Way, this does not establish a reason or justification for Harel disclosing to Levy her own offer to Elta). The fact that Shachar initially sent Gilad the offer of Wei to Elta (P/298) clearly supports that we are dealing with improper coordination and not with an offer to purchase Wei to Harel, since for the purpose of such procurement there is no need or justification for Vai to disclose its offer to Elta before Harel. In this context, it should also be remembered that Shahar and Gilad participated in the meeting that is the subject of the first indictment and were parties to the submission of the proposals that correspond to the second indictment. So at the current point in time, what has been sent and written is enough for those concerned to understand very well that the intention is to coordinate the proposal that Harel will submit to Elta, as it has indeed been done. Finally, it also emerged from Shachar's testimony that the prices he sent to Gilad were prices to be submitted to Elta (p. 2699, paras. 1-17, and see the evasive testimony that preceded it; Shahar further testified that he wrote to Gilad to check whether the prices that Shachar mentioned were reasonable to him, so that there would not be a very significant gap between the proposals, ibid.).
- The improper content of the email correspondence – such as the coordination of bid prices – is therefore clearly raised.
The question of Oshri's involvement – is Oshri a party to the arrangement?
- Oshri was a party to only one correspondence – when Shachar forwarded Harel's coordinated proposal to him when the coordination was actually implemented. However, this announcement joins the overall picture regarding his deep and active involvement in VMware Lab from the beginning, and Shahar's testimony is also added to this. All of these lead to the conclusion that it has been proven beyond a reasonable doubt that Oshri was a party to the restrictive arrangement that is the subject of the third indictment. We will discuss the matter.
- Oshri was personally involved in everything related to the VMware lab. Oshri testified that the win was of particular importance to Wee, in order to prove her abilities to establish such a laboratory and to be the one that would introduce the technology to a civil appeal (p. 4528, paras. 1-4, and see also paragraph 221 above). Oshri was very involved in all the dealings with Kandelstein and the project people. Oshri himself was the one who sent Kandelstein the price quotes of Wei at the beginning of the journey (P/245, N/246, N/67, N/68). Oshri – and not Shachar – was the one who was knowledgeable and understood the technological aspects of the contents (N/237, p. 4498, paras. 15-24, para. 249 of the summaries of Wei and Oshri). Oshri testified that he participated in meetings with Kandelstein and Kanitork and was in direct contact with them (e.g., p. 4915, paras. 17-20, p. 4500, paras. 4-6). Oshri testified that he was also involved due to the complexity of the project and that he helped Shahar prepare the price proposals and the technical explanations. He also testified that this was not a standard project and that Kandelstein contacted him (Oshri) directly (p. 4502, s. 21 - p. 4503, s. 3, Kandelstein contacted Oshri and spoke to him once, once with Shachar). Oshri described himself as someone who was very involved in real time, "I work fully with them" (p. 4500, paras. 1-2). Even down the road, when Wei began carrying out the pilot at Elta, Oshri was directly involved in the matter, was informed of the actions taken by Wei and made sure to personally update Kandelstein on the matter and highlight them in front of him in order to promote Wei's cause so that she would be the one to receive the invitation at the end of the day (N/250, Oshri testimony, p. 4518, paras. 16-19). At the same time, Oshri gave instructions to Shachar to stop work in order to incentivize Shachar to promote the closure of the commercial side (N/251, p. 4519, paras. 1-7). Oshri was, according to his testimony, personally involved in giving an additional discount by Wei in a conversation with Kenturk in order to close the deal (p. 4527, paras. 9-16). All of this is enough to show that Oshri was the one who set the tone on Wei's part in the project.
The overall picture that emerges is that this was an important project for Wee, and that Oshri was the living spirit on Wee's part. He was involved in the details and was directly involved in Wie's activities, its suggestions and with the people of ELTA. It was Oshri who steered Wee's actions in the matter and it was he who guided Shahar. This is also consistent with Oshri's professional status and with his being the more senior position and Shahar's supervisor.
- We saw above that after Knitürk contacted Harel and Levy on December 15, 2009 with a request for price proposals, a coordination correspondence was conducted between Shahar and Gilad. Shahar sent Gilad Wee's offer as it had been submitted in the past to the project's people, and at the same time he also sent Gilad prices so that Gilad would submit Harel's offer to KinNetwork, the procurement man at Elta, at the prices he received (higher than Wee's). Gilad submitted Harel's proposal in a manner consistent with the prices he had received from Shahar and informed Shachar of this (P/298, P/62, P/63, P/566, N/38).
- Shortly after the coordination correspondence, Shachar forwarded to Oshri the offer submitted by Harel to acquire ELTA (to ManiNetwork), stating that it was Harel's offer and forwarding to Oshri the chain of email correspondence between Gilad and Knitwerk regarding the submission of Harel's offer, to which the offer itself was also attached (P/296). In his testimony, Oshri assumed that Shahar had accepted Harel's offer from Gilad (e.g., p. 4910, s. 7, p. 4911, s. 8-11). At the same time, and at the time of valuation, Harel's bid for acquisition, a price that was coordinated between the parties, Shahar submitted Wei's own offer for acquisition, in accordance with the exchange of correspondence that preceded it between Shahar and Gilad (P/567). Later on, Wee, whose offer was cheaper, won the project and received an invitation (P65).
- Thus, Oshri, who was personally involved in the VMware lab and who himself acted to ensure the value of the order would receive the order, received in real time – while ELTA was conducting a pricing process – Harel's coordinated bid as submitted for the purchase. This is while Value itself submits its bid for purchase (knowing that it is coordinated to be cheaper). Oshri's version that he did not know about the coordination and as if he thought that Shahar had forwarded Harel's offer to him in order for Oshri to help Shahar compete with it is unreliable and unacceptable. We will address this separately below. Moreover, the transfer of the coordinated proposal to Oshri in real time fits in with Shachar's words, with the picture that emerges from the whole being that Oshri was aware of the coordination in real time, that he agreed to it, and that in light of his involvement, he should be considered a party to the arrangement.
- It emerged from Shachar's testimony that the coordination of the indictment in question was done with Oshri with his knowledge and approval.
As stated above, the first correspondence between Shachar and Gilad was in an e-mail message sent by Shachar to Gilad, shortly after KinTork approached Levi and Harel with a request to give price quotes, in which Shachar sent Gilad Wee's original offer for the project (P/298). In other words, Shachar brought to Harel's attention the prices in Wee's offer (when immediately afterwards Shachar sent Gilad (higher) prices so that Gilad would submit Harel's offer in accordance with them, P/62). During his interrogation at the Authority, Shachar was asked if he had sent Gilad the prices of Wee's offer on his own initiative, to which he replied: "... Every time I pass on any information related to our company, i.e. related to Lewis, then I need my manager's approval. So it was probably my initiative and Oshri's. that is, on the initiative of both of us" (P/557(9), paras. 295-298, underline added). When Shahar was asked in his testimony whether he had transferred to Harel the prices of Wii and the prices intended for Harel on his own initiative, he replied that he believed that he did (without mentioning Oshri, p. 2699, paras. 18-21). When he was presented with his statements from the interrogation, he changed his testimony, noted that in the interrogation he said that the words were "on my own initiative, apparently together," and testified that these statements from the interrogation were true (p. 2700, paras. 1-4, underline added). Wei and Oshri wanted to build on the fact that Shachar did not use firm or unequivocal language. However, the impression that arose from Shahar's testimony, and despite his attempt at the time of his testimony to minimize as much as possible Oshri's part, is that Oshri was involved and that it was a joint initiative between Shachar and him. This is consistent with the general picture that arose in relation to Oshri's dominant conduct, the close working relationship between him and Shahar, Oshri Bowie's senior status and professional status. At the very least, it can be determined that Oshri was aware of Shachar's request to Gilad to coordinate the price proposals, and that the matter was done with his own consent and consent. This is especially true when we are dealing with a project in which Oshri is involved in detail, personally, throughout the entire process, including price quotes, and which is an important project for him.