"Whoever commits an action with property, which is property as stated in paragraphs (1) to (4) (in this Law – 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, shall be sentenced to ten years' imprisonment or a fine twenty times the fine stated in section 61(a)(4) of the Penal Law.
- property that originates, directly or indirectly, an offense;
...."
The offense includes a factual element of "prohibited property", which means property originating from an offense. In section 2(a) of this law, "offense" is defined as "an offense as specified in the First Addendum". Bribery offenses appear under item (6) of the first addendum to the law. The offense of theft by a public servant under section 390 of the Penal Law appears under item (9) of this addendum.
The mental element required in this offense is awareness that the property in which the act is committed is prohibited property. A "special intent" is also required in that the person who commits this offense must have an intention to conceal the funds or property so that future use of them will be possible (Criminal Appeal 8551/11 Selkagi v. State of Israel (August 12, 2012), para. 35).
In our case, the bribe money of the five checks is considered "prohibited property". The deduction of the checks in the fictitious invoice in the name of ZydePods constitutes an action on prohibited property, with the aim of concealing or disguising the identity of the defendant as the owner of the prohibited property. The elements of the offense exist in our case (multiple offenses).
- Section 3(b) of the Prohibition of Money Laundering Law states:
")1) A person who acts in property or provides false information, with the aim of not reporting under sections 7 or 8A or in order not to report under section 9, or in order to cause incorrect reporting, according to the aforesaid sections, shall be sentenced to five years' imprisonment or a fine eight times the fine stated in section 61(a)(4) of the Penal Law; For the purposes of this section, "providing false information" – including failure to provide an update of an individual who is liable to report;