Criminal Case (Center) 6040-07-20 State of Israel v. Arkadi Shkovitzky - part 29

I therefore convict the defendant of the charges against him in Charge 3.

Charge 4

The Indictment

164. During the period relevant to the indictment, Aharon Shaked (hereinafter: "Arik") was the owner and active manager of A.A. Gomaitom, 511263139 Company (hereinafter: "Gomaitom"), and worked as a main contractor and sometimes as a subcontractor in the execution of work in the IPS.
165. During the period between 2016 and 2018, Arik prepared pricing for the execution of sealing work in a number of IPS projects in detention facilities in the Central District, including the detention facilities: Abu Kabir, Ayalon, Nitzan Prison, Ofer Prison, Ma'asiyahu Prison, Hadarim Detention Center, and Givon Prison.
166. Prior to the aforementioned dates, the defendant approached Arik and instructed him to "inflate" his bids by 10-20 percent, with the intention that in exchange for approving the inflated price quote, Arik would transfer the difference to the defendant in cash.
167. Arik, inter alia, due to the defendant's dependence and control over contractors as described in the general part of the indictment, and out of a desire to give the defendant a gift so that the defendant would allow him to continue his employment as a contractor in the IPS, and to assist him in future employment, increased the amount of his offers accordingly.
168. The defendant, in his capacity as the construction officer of the Central District of the IPS, made sure to approve the inflated price quotes in exchange for the gift of Marik.
169. On a number of dates that are not known to the accused, Arik handed over to the defendant, in the IPS parking lot near the defendant's place of work at the IPS in Ramle, NIS 70,000 in cash (hereinafter: "the cash") and five checks of Gomaitum, as detailed below, in the total amount of NIS 145,370 (hereinafter: "the checks").
170. Arik gave the cash and checks to the defendant as payment for the same projects he carried out, as well as for the defendant's promise of a future job conversion to Arik, at the defendant's demand, while taking advantage of the framework of his position.
171. On or about July 4, 2017, the defendant approached the "Hashalom" exchange at 8 Lishansky Street in Rishon Lezion (hereinafter: the "Exchange") and asked Benny Bezov, an employee of the exchange (hereinafter: "Bezov") to open a new customer card (hereinafter: the "fictitious card") in the name of Michael Zeidpodim (hereinafter: "Zeidpods"). In order to open the fictitious card, the defendant gave Zazov a photocopy of ZeidPodim's ID card and opened the customer's card, whose number on the exchange is 10162, without the knowledge and consent of Zeidpodim, who was outside the borders of Israel during the relevant period, in order to conceal and disguise the source and owner of the rights in the checks that will be deposited at the exchange, all for the purpose of future use of the checks.
172. On the same date (July 4, 2017), after the fictitious card was opened, Bezov deducted for the defendant a change check No. 1837 drawn on Gomaitum, in the sum of NIS 43,000, which the defendant received from Eric. In the same circumstances, Bazov gave the defendant the sum of NIS 42,784 in cash, which was recorded by Bazov as an action on the fictitious card.
173. On August 24, 2017, the defendant arrived at the change and deducted check number 1842 drawn on Gomaitom, in the sum of NIS 28,000, which the defendant received from Eric. In those circumstances, Bezov gave the defendant the sum of NIS 27,860 in cash, which was recorded by Bezov as an action on the fictitious card.
174. On September 17, 2017, the defendant arrived at the change and deducted a check number 1882 drawn on Gomaitum in the sum of NIS 25,000 which the defendant received from Eric. In the same circumstances, the defendant was given the sum of NIS 24,874 in cash, which was recorded by Bazov as an action on the fictitious card.
175. On November 5, 2017, the defendant arrived at the exchange and deducted a check No. 1883 drawn on Gomaitom, in the sum of NIS 25,000, which the defendant received from Arik. In the same circumstances, the defendant was given the sum of NIS 24,874 in cash, which was recorded by Bezov as an action on the fictitious card.
176. On February 7, 2018, the defendant arrived at the exchange and deducted a check number 2009 drawn on Gomaitum in the sum of NIS 24,370, which the defendant received from Eric. In those circumstances, the defendant was given the sum of NIS 24,248 in cash, which was recorded by Bezov as an action on the fictitious card.
177. In his aforementioned acts, in his activity as a public servant, the defendant took a bribe in the sum of NIS 215,370, for an action related to his position. In addition, the defendant, as a public servant, stole together with Arik, something that is the property of the state or something that came to him by virtue of his work, and its value exceeds NIS 215,370.
178. In the aforementioned acts, with regard to the checks deposited in the fictitious card in the sum of NIS 145,370, the defendant acted with prohibited property with the aim of concealing or disguising its source, the identity of the owners of the rights therein, its location, its movements, or taking action therein.

In the aforementioned acts, with regard to the fictitious card, and with respect to the sum of NIS 145,370, the defendant acted with prohibited property or provided false information, with the aim of preventing a report under sections 7 or 8a, or in order not to report under section 9, or in order to cause a false report.

179. The provisions of the law according to which the defendant was charged on this charge are taking bribes (an offense under section 290(a) of the law); money laundering (multiple offenses) (an offense under  section 3(a) of the Prohibition of Money Laundering Law); money laundering – false reporting (multiple offenses) (an offense under  section 3(b)(2) of the Prohibition of Money Laundering Law); theft by a public servant (an offense under  section 390 of the law).

The Response to the Indictment 4

180. The defendant denied the aforementioned accusation, according to which he asked Eric to inflate his pricing offers and demanded and received bribes from Eric.
181. The defendant denied the allegations that he had cashed checks that had been transferred to him by himself or through another company that had been transferred to him from the Gomaatom company owned by Arik, and claimed that he accompanied Arik to the "Hashalom" exchange, where Arik asked to cash a check and receive cash for himself, and when Arik and the defendant were asked by the owner of the change to present a "Russian identity card", the defendant presented the owner of the change with a "photocopy of an identity card" from his mobile phone that he had in his possession, a different appeal Michael Zeidpodim, whom he personally knows.

Charge 4 - Evidence