Final: No criminal investigation against Netanyahu in the stock and submarine affair

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by Ifi Reporter Category:Law Oct 15, 2020

The Legal advisor of the government and the Cheif procecuter Avichai Mandelblit officially announced on Thursday evening that he has decided to adopt the recommendation of the police and the State Attorney's Office and not open a criminal investigation against Prime Minister Benjamin Netanyahu in the stock affair.
The attorney general states that the prime minister received benefits, but the offense is statute-barred. At the same time, Mandelblit referred to the submarine case (Case 3000) and announced following the petition of the Movement for Quality of Government to the High Court to interrogate Prime Minister Netanyahu in the case that " The vessel. "
In his arguments relating to the two cases, Mandelblit emphasized: "In the circumstances of the case, there is insufficient infrastructure to order the opening of a criminal investigation against Netanyahu or a change of position regarding Netanyahu in the vessel case."
The share case was born following a report by former State Comptroller Yosef Shapira, who forwarded to the Attorney General about two years ago, a fear of Netanyahu's false report to the Permits Committee next to the State Comptroller about the scope and value of his holdings in shares. Initially, Mandelblit and then-State Attorney Shai Nitzan decided not to transfer the investigation materials and not to order the examination of the shares on the eve of the Knesset elections so as not to affect their results.
The permit committee next to the State Comptroller announced that Netanyahu had engagements with his cousin Natan Milikovsky, most of which were not reported as required by law. According to the publication in August 2007, while serving as chairman of the opposition, Netanyahu bought about 1.7% of SeaDrift's shares for $ 600,000 through a holding company. Milikowski.
In his reasons for not opening a criminal investigation against Netanyahu in the share case, Mandelblit noted that "even if it were possible, in practical terms, to examine in more detail the circumstances of granting the benefit embodied in the acquisition of rights in 2007, 13 years ago, All those involved in the matter have a real difficulty in it, since the offense of fraud and breach of trust, which is relevant to our case, was already statute-barred in criminal law several years before the date when it was brought to the door of the law enforcement system.
"In these circumstances, I received, as stated, the recommendation of the Israel Police and the State Attorney's Office that the evidentiary basis on the matter does not justify an investigation, also considering the claim about the unique relationship between Milikowski and Netanyahu as described, and "The existence of a substantial statute of limitations. To clarify the issue of statute of limitations, the receipt of a possible benefit benefit by Netanyahu from Milikowski, was brought to the examination of the law enforcement system when the offense it may formulate has already become statute-barred several years earlier in criminal law."
On March 31, 2009, Netanyahu took office as Israeli Prime Minister. That same year, the Permits Committee gave Netanyahu a temporary permit not to transfer the shares he held in his cousins' company to a blind trust, and he was given a 30-day extension.
In November 2010, Netanyahu sold these shares to another company for NIS 16 million. The decision of the Permits Committee in 2010 revealed that Netanyahu did not transfer his shares in the company, which operated in the field of steel additives, to a blind trust that year.
The investigation conducted by the police together with other authorities included inquiries to authorities abroad, but at the end it was clarified about two months ago that not enough evidence was found to open a criminal investigation.
Referring to the submarine case, Mandblit stated that the petition of the Movement for Quality of Government filed against his decision not to open an investigation against Netanyahu in the case and affidavits attached to it "substantially changed the general picture on the criminal level regarding the connection between Netanyahu and Milikowski, "Investigated in the vessel case."
According to the Attorney General, the petition and the affidavits deal mainly with allegations of administrative irregularities in the proceedings surrounding the decisions regarding the state's acquisition of vessels. Some of these allegations that arise in the petition - and are mainly at the level of proper administration and the norms of conduct in the public field - overlap, to one degree or another, with the picture that emerged in the criminal investigation in case 3000.
According to the Attorney General, "the petition and the affidavits do not include any actual evidentiary indications which should strengthen the suspicion against Netanyahu regarding his involvement in alleged criminal offenses committed by others in the vessel affair and regarding his relationship with his cousin Melikowski."
Mandelblit stressed: "It was found that the lack of the ability to point to a tangible interest that Milikowski sought to promote through the provision of the benefit, has real significance."
In the concluding remarks, Mandelblit noted that "the question of the crystallization of a reasonable suspicion of committing criminal offenses, it turns out that at this time there are gaps in the most important issues for the formulation of a criminal thesis. These gaps can not be filled in this case." Netanyahu's power awareness of various aspects.
"This is compounded by the significant difficulties in gathering information through a criminal investigation, given that these are financial issues concerning companies, some of them private, in the maritime countries, and given the significant lapse of time, as well as aspects of material statute of limitations. Of the law enforcement system. "

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