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Last update - 09:31 26/05/2008 Legal source: Cash envelopes alone may not prove charges against Ehud Olmert By Tomer Zarchin Tags: corruption probe  It is not enough to prove how envelopes filled with cash allegedly came into Prime Minister Ehud Olmert's hands to make any of the potential charges against the premier stick, an expert in criminal law told Haaretz Sunday. Prof. Emanuel Gross of Haifa University said that when it comes to a possible charge of fraudulent receipt of money, the prosecution has to prove that the individual who gave the money was told it was going to be used for something other than it was actually used for. "For example, a recipient of money claims that the funds are intended to finance an election campaign, when in fact he knew the money was for his own personal use," Gross said. Advertisement He also said that in the past, court verdicts focused on the transfer of cash, not on the issues of documenting and reporting the transfer, as pointing to an illicit element. "While the donor may prefer to give money that is not documented, the way that money is received can indicate that something was not proper. But that in itself is not enough, because there might be a reasonable explanation for transferring the money in a certain manner," Gross said. With regard to bribery, Gross said that the transfer of envelopes containing cash from hand to hand is not enough to conclusively show guilt. "By its very nature, bribery is conducted in a manner intended to make its discovery difficult. For an offense to be proven, it must be shown that a public official took a bribe for an act connected to his position. Laws and court rulings have defined bribery very broadly," Gross said. Gross also said that even if the police have difficulty proving what Morris Talansky expected to receive in return for the money he allegedly transferred, the charge can be made to stick based on future general expectations Talansky might have, in terms of the idea of "casting one's bread on the water." Olmert's lawyers, meanwhile, have in the last few days received financial records that will enable them to check transactions in Talansky's accounts and to cross-reference them with his testimony about withdrawals. Gross added that court verdicts view the clandestine transfer of money as possibly showing that the money was given as bribes. However, this is circumstantial. But even if the recipient can appeal, he has the burden of proof to show why the money was transferred as it was. With regard to fraud and breach of trust, Gross said the main element in this charge is conflict of interest. "In this case, there is no doubt the state will try to prove that such a conflict of interests existed between Olmert's post and what Talansky might have expected him to do." According to Gross, this offense is relatively easy to prove, and did not require a recipient of money to be aware of a specific favor the donor expected of of him. A senior legal source said Sunday that fraud and breach of trust are ambiguous both in the law books and in High Court rulings. "And so ostensibly, in the legal situation today, almost any case where there are problems in the conduct of a public figure can fall within the parameters of this offense." However, both Gross and the senior legal source agreed that the fact that money was allegedly transferred from Talansky to Olmert was insufficient to prove the charge, since the key question will be what reasonable explanations could be given for the transfer. Bookmark to del.icio.us   Nuclear allegation Jimmy Carter says Israel has arsenal of 150 nuclear weapons. On penalty of death Rightist MK Eldad says those who give away Israeli land should get death penalty.   1.   Bottom Line Is Olmert Received Illicit Funds,& Must Resign NOW 06:49  |  Shepherd 26/05/08   2.   Demonstrations...demonstrations,,,demnstrrations 07:14  |  Dolly 26/05/08   3.   OK. So it is TAX EVASION 07:23  |  ZAK 26/05/08   4.   Wake Up Israelis Your Country is slowly Dying..... 07:31  |  Dagma 26/05/08   5.   APATHY! 07:38  |  Josephus 26/05/08   6.   "what reasonable explanations could be given for the transfer" 07:50  |  Cipora Julianna Kohn 26/05/08   7.   KIKAR RABIN IS WAITING.... 08:29  |  Natasha 26/05/08   8.   What does he have to do to go...A legal system w/ no sense!!! 09:33  |  Jason 26/05/08   9.   Known Facts 09:42  |  David Schwartz 26/05/08   10.   legimitate transactions take place openly and by orthodox methods 10:11  |  victor hardman 26/05/08   11.   About cash envelopes 10:36  |  S 26/05/08   12.   Cipora #6 10:44  |  S 26/05/08   13.   #11, S 10:46  |  Cipora Julianna Kohn 26/05/08   14.   #13 Cipora - You made my day! What a laugh! 10:55  |  S 26/05/08   15.   #14, S 11:03  |  Cipora Julianna Kohn 26/05/08   16.   Politics and the Law 11:50  |  Sherlock Holmes 26/05/08   17.   Reply to # 6 11:57  |  Ben Azai 26/05/08   18.   Chasidic Rebbes and Olmert 13:06  |  Charlie 26/05/08   19.   Question: are money-donations free from taxation in Israel? 23:31  |  AliciaYasmeen 26/05/08   20.   Follow the money to Olmert`s children 16:32  |  PJ 27/05/08   21.   Israel, you amaze me! 22:23  |  AliciaYasmeen 27/05/08

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