Sources inform "Globes" that Shaul Elovitch is waiving his right to a hearing before the Tel Aviv District State Attorney's Office (Taxation and Economics) in the second Bezeq Israeli Telecommunication Co. Ltd. (TASE: BEZQ) case. Elovitch is being indicted for alleged fraud, breach of trust, reporting offenses, and obstruction of justice in this case.
Elovitch's decision means that he will almost certainly be tried in this case. He can still hope, however, that the other suspects in the case, who are exercising their right to a hearing, will manage to change the State Attorney's Office's views about him.
Elovitch's decision to waive his right to a hearing is connected to the other cases in which he faces prosecution - Case 4000, the first Bezeq case, in which he is accused of bribing Prime Minister Benjamin Netanyahu. All of Elovitch's arguments in his hearing in this case were dismissed, and he will be tried for bribing Netanyahu. Netanyahu will be tried for accepting a bribe, fraud, and breach of trust.
Elovitch's hearing in Case 4000 was held before Deputy State Attorney for Economic Enforcement Liat Ben Ari and other lawyers from the State Attorney's Office (Taxation and Economics), and the hearings in the second Bezeq case are also being held before the same people. Elovitch's involvement in the two cases is an exceptional challenge for the State Attorney's Office, and for him also.
After waiving his hearing, Elovitch will be tried simultaneously in both cases: in the Jerusalem District Court and in the economic department in the Tel Aviv District Court. If this exceptional situation materializes, the State Attorney's Office and the accused and his lawyers will have to maneuver between two courthouses and two trials, which are related to some extent.
As reported in "Globes," the hearings in the second Bezeq case, involving a series of acts of alleged fraud and reporting conducted at Bezeq in Yes and other companies, began last week. First came a hearing for former Bezeq CEO Stella Handler, suspected of fraud and corporate breach of trust and reporting offenses. Next was a hearing for former Eurocom vice-chairman Amikam Shorer, Elovitch's righthand man. Shorer is suspected of aggravated fraud, fraud, corporate breach of trust, and reporting offenses under the Security Law.
Hearings will later be held for other suspects: Or Elovitch, Shaul Elovitch's son; communications consultant Eli Kamir; former Yes CEO Ron Eilon; and former Bezeq company secretary Adv. Linor Yochelman.
The indictment sent to the suspects refers to suspicions in various affairs. In the first, it is alleged that Elovitch and Shorer received from Yochelman confidential details from an independent committee that was to have discussed the acquisition of the remaining Yes shares from Eurocom. In the second, it is alleged that Yochelman leaked information and reported regularly to executives from within the independent committee formed for a deal between Yes and Spacecom, including confidential materials prepared for the discussions. In the third, Elovitch is accused in the agreement for acquiring shares in Yes of instructing Eilon to inflate the company's cash flow in order to increase the price paid to Bezeq to NIS 170 million. The fourth case involves former Ministry of Communications director general Shlomo Filber (who has become a state's witness and is not among the accused), Kamir, Handler, and Elovitch. The indictment involves the transfer of official Ministry of Communications documents given by Filber to the other three, who "corrected" them.
Handler and the other suspects are not attending the hearings themselves; they are being represented by their lawyers. Handler is represented by Adv. Zvi Agmon, Adv. Nati Simchony, and other lawyers from their respective law firms. Shorer is represented by Adv. Eitan Maoz. Ben-Ari, who has been involved in the investigation from the beginning, and who also heads the team in Netanyahu's cases, is managing the hearings for the State Attorney's Office, assisted by Adv. Jonathan Tadmor, who is slated to replace Ben-Air at the head of the State Attorney's Office (Taxation and Economics); Israel Securities Authority Securities Department director Judith Tirosh-Gross; Israel Securities Authority Securities Department director (fiscal and financial crime) Adv. Amir Tabenkin; and Adv. Nitzan Wulkan.
Presumption of innocence: All those indicted have not been convicted of any offence and have the right to be considered innocent
Published by Globes, Israel business news - en.globes.co.il - on February 18, 2020
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