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Last update - 03:06 28/05/2008 Jurists: Conviction still a long shot By Tomer Zarchin Tags: Morris Talansky, Ehud Olmert Despite the prosecution's cautious optimism Tuesday, the investigation against Prime Minister Ehud Olmert is far from being a slam dunk case, legal experts warn. Avi Lavi, a lawyer specializing in white-collar crime, said Tuesday that the state prosecution is rightly being careful in establishing the basis for crimes to be included in an indictment, should one be filed. "On the face of it, [Morris] Talansky's testimony is problematic for establishing the necessary foundation for a bribery offense, as described by law, since it requires that the money intentionally be given to a public servant in exchange for him doing something for you in his professional capacity," Lavi said. The state has to prove that specific monies and favors were given in order that Olmert would do something in return for Talansky, even if not immediately. But Talansky claims he wanted nothing in return. Advertisement Lavi said it is easier to establish charges of fraud and breach of trust in the case of a public servant systematically receiving favors, even without any quid-pro-quo. Talansky's testimony also indicates alleged tax evasion, since major gifts went unreported. Prof. Ruth Kannai, a criminal law expert at Bar-Ilan University, says there is not even enough evidence yet to make a charge of breach of trust stick. "Merely receiving envelopes with money, a vacation loan, funding for hotels or flights are not necessarily a basis for conviction, although you could say that when you receive so much, in such a manner, over time, it constitutes breach of trust. It still looks to me like it's only the beginning." Kannai concurred with Lavi that it would be easier to establish fraud and breach of trust in view of Talansky's testimony, as opposed to bribery. Related articles: Legal source: Cash envelopes alone may not prove charges against Ehud Olmert Ehud Olmert's lawyers receive Talansky's bank, credit records Police question Talansky, pass on evidence to Olmert's attorneys Law enforcement source: Olmert's indictment is just a matter of time Bookmark to del.icio.us   Scuba SMS Ultrasonic sound wave technology revolutionizes underwater communication. 'Hip-hop violinist' Israeli violinist participates in New York event, celebrating Israel's 60th anniversary.   1.   are you all crazy? 05:11  |  Jack Rubin 28/05/08   2.   Forget Slam Dunk Olmert must Resign If Only For A Trust Issue 06:42  |  Shepherd 28/05/08

Read & React Bradley Burston: The talkbacker as terrorist Responses: 281 Barak tells Olmert: Quit or face elections Responses: 173 Reuven Pedatzur: How Carter made Israel an official nuclear power Responses: 149 Was Shakespeare a Jewish woman in disguise? Responses: 77 Sources: Iran may attack Israeli targets abroad over Syria talks Responses: 82 More Headlines 23:32 Olmert: Not every person under probe must resign 21:58 PM's ex-bureau chief denies offering to testify in Olmert corruption case 22:48 Syria: Olmert's political weakness may affect recently renewed peace talks 00:00 U.K. academic union moves to consider boycott of Israeli academia 02:08 U.S. trial set for two men accused of aiding Hezbollah 20:46 'Hip-hop violinist' celebrates Israel's 60th in New York 23:22 Fugitive suspected child abuser's kids removed from wife's custody 02:35 Jeremy Ben-Ami 01:41 Gaza City: Where the traffic jams smell like falafel 22:50 Poll: 63% of Israelis back release of Samir Kuntar for IDF soldiers 21:26 Basketball legend Dr. J: Israel is an inspiration for Jews in America 22:45 Haredi man detained for sexually assaulting 7-year-old girl 17:53 Aide: Obama misspoke when he said uncle liberated Auschwitz Previous Editions Select Day 28 may 27 may 26 may 25 may 23 may 22 may 21 may 20 may 19 may 18 may 16 may 15 may

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