The Indictment
- During or about March 2018, Defendant 5 (hereinafter: "Biton") worked as a subcontractor on behalf of the main contractor, M. Michaeli Engineering Ltd. (hereinafter: "M. Michaeli"), as part of work at the "Abu Kabir" detention facility in Tel Aviv, and prepared pricing for renovation work (hereinafter: "the Project" or "The Abu Kabir Project"). During the relevant period, the defendant instructed Biton to "inflate" the pricing of the work with the intention that in exchange for the approval of the inflated price quote, Biton would transfer to the defendant a gift of not less than NIS 7,000 in cash, and Biton, inter alia, due to the defendant's dependence and control over the subcontractors as described in the general part of the indictment, and out of a desire to give the defendant a gift in order for the defendant to allow him to continue his employment as a subcontractor in the IPS, as well as out of his desire to maximize his own income, increased the amount of his bid accordingly.
- On May 6, 2018, Biton and the defendant coordinated that if the main contractor paid Biton the next day, Biton would travel to Eilat, where the defendant died on the occasion of his wife's birthday, in order to transfer the bribe payment to the defendant, after Biton would detail the check he would receive from the main contractor. This plan was rejected in light of the postponement of the payment date to Biton.
- On or about May 15, 2018, Biton received from the representative of the main contractor M. Michaeli whose number 5006317 NIS 77,600 for Biton's work on the project.
- On May 16, 2018, the defendant and Biton spoke on the phone, and Biton informed the defendant that he had received the check from the main contractor and that he would make sure to break the check and transfer his share of it to the defendant in cash. Subsequently, they discussed several more times, including on May 27, 2018 and June 4, 2018, about the fact that Biton needed to break the check, but he had not yet had time to do so.
- On or about June 13, 2018, Biton detailed the check at S.Z. Finance Ltd., and after coordination between them, Biton drove to the penthouse, met with the defendant and handed him the bribe payment, in a value of no less than NIS 7,000.
- In his aforementioned acts, in his activity as a public servant, the defendant took a bribe in the sum of no less than NIS 7,000, for an action related to his position. In addition, the defendant, as a public servant, stole something that was the property of the state or something that came into his possession by virtue of his work, and valued at more than NIS 7,000.
The statutory provisions under which the defendant was charged are taking bribes – an offense under section 290(a) of the Penal Law and theft by a public servant – an offense under section 390 together with section 29 of the law.