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On Tuesday, the founder of Operation Clambake , a non-profit organization and website critical of Scientology based in Stavanger, Norway , released a statement about the attacks by "Anonymous". Andreas Heldal-Lund was critical of the "Anonymous" groups actions, stating: Attacking Scientology like that will just make them play the religious persecution card.
They will use it to defend their own counter actions when they try to shatter criticism and crush critics without mercy. I am of the opinion that the Church of Scientology is a criminal organisation and a cult which is designed by its delusional founder to abuse people.
I am still committed to fight for their right to speak their opinion. Church of Scientology related websites, such as religiousfreedomwatch. Treason, evidence, argument, and free speech". Willis] [Ceon Ramon] [charlatan] Term frequently applied to Hubbard. Rogers] [David Dennis] American critic. Left-Field Marshal] [Eric S. Smith] [espinol] [Ethercat] [Ex Mudder] American critic.
Berry] American critic and lawyer. Granbury] [Homer] [Hud Nordin] American critic. Randolph] [ John Dorsay ] Canadian critic.
Wollersheim] American critic and former Scientologist. Still a major figure in the cult. Is he held against his will? Is this an example of mind-control?. Dennis L Erlich] American critic and former Scientologist. Minton] See Bob Minton. Name not spelled correctly though. The name is a play on the Russian term "samizdat", or underground free press.
United States General Terrorism News: No contest, animals win Bunnies taking toll on cars at Denver airport Cayman Islands woman bites intruder, loses tooth Knut the polar bear becomes museum display Man accused biting off ear lobe pleads not guilty NYC rape evidence gets stricter oversight Hula! Thailand breaks hula hoop dancing record Hacker warns of zombies on 2 Mich. Jerry Buss, Lakers' flamboyant owner, dies at 80 Girlfriend's mom: Why did he do this?
This is getting interesting. While Scientology does have very large financial resources and teams of lawyers to fight their battles, this group, Anonymous, is probably more than what Scientology can handle. It is not one person, not one group of people, in all likelihood it is a loose collection of people from all over the world.
These are smart people who know how to get around on the internet, how to remain hidden and also how to cause lots of problems for the Scientologists! Petersburg , Florida, USA. Keith Henson was convicted for posting this to the Net. Why do I get the feeling they don't like me? Freedom of speech means we need to allow all to speak - including those we strongly disagree with.
These are smart people who know how to get around on the internet, how to remain hidden and also how to cause lots of problems for the Scientologists! Petersburg , Florida, USA.
Keith Henson was convicted for posting this to the Net. Why do I get the feeling they don't like me? Freedom of speech means we need to allow all to speak - including those we strongly disagree with. Hosts critical pages by Jeff Lee. That's when the galactic overlord Xenu came to this planet and killed a lot of aliens here Norwegian critic, webmaster Operation Clambake.
American critic, webmaster of www. UK critic, author of sites like Scientology Audited. The policy by Hubbard that gives Scientologists the right to harm critics by any means. This obviously makes them ashamed. The infamous lawyer for the Cult of Scientology. American Scientologist who died after the cult locked her up for 17 days. The Scientologist who announced the program to spam the Web with pro-Scientology pages -- which also included the filter. Koos Nolst Trenite has accused David Miscavige, current leader of Scientology, of having been Napoleon in a previous life.
Term frequently applied to Scientology. Pseudonym of a Usenet poster who made available many of Scientology's upper levels. A letter from the management of Scientology, informing the recipient that he or she has been declared a Suppressive Person q. A means by which sites on the World Wide Web may link to other sites concentrating on the same topic. These are the spirits of the aliens Xenu killed 75 million years ago, only Scientology knows how to exorcise them - but their price is high. Yes, this is a nice clambake.
An idea which the preclear is supposed to express in order to show that he or she has achieved the goal of becoming Clear. Where Fishman revealed the secret OT levels. It's the secret NOTs that claims it cures physical illnesses. By using temptation and fraud the Nestle-Osem group and its partners to the cartel promised that if Pikanti and the crusaders — the companies that, marketed Pikanti's products — would pay off future checks, the group would renew the supply of goods and would at once stop the boycott and the cartel.
Yet despite paying off checks, and despite the above mentioned promises, the defendants did not renew the goods' supply and thus caused an additional financial harm when, on one hand Pikanti and the crusaders paid money, and on the other hand, they did not get goods from suppliers, so the shelves in the supermarkets remain empty.
No sales and no revenue. And this, as mentioned, whiles she keeps carrying the burden of all expenses. As a result of these acts of fraud, and believing the Nestle-Osem group, Pikanti continued to supply goods to the crusaders by itself. In this way the crusader' debt to Pikanti grew to many millions, yet with no goods to sell, and no cash in the cashier which was paid to the defendants by fraud , they could not meet their obligations to Pikanti.
The cause of action for the liquidation was the inability of the crusaders — the companies that marketed Pikanti's products — to pay their debts, which reached millions of NS, to the claimant.
Nestle-Osem's Legal Futile Processes The false legal processes, and the request to join the liquidation by the Nestle-Osem group, together with the affidavit by Joshua Meroz, secretary of Nestle-Osem, Israel Food Industries, are one layer in the joint responsibility, under the law, of the Nestle-Osem group and its managers, to the damages and losses of Pikanti. Due to the actions by the cartel, a claim was presented against the Nestle-Osem group to the District Court, file no.
This claim was presented by the crusaders — the companies that marketed Pikanti's products — as follows: In the claim against Nestle-Osem, the crusader — the companies that marketed "Pikanti's products — specified the Nestle-Osem group' iniquity up to that date, including conspiring to collapse the crusaders and Pikanti, the background to the conspiracy and more. The causes of actions for that claim were: Attached is the claim and is marked as G.
The claim by the crusaders — the companies that marketed Pikanti's products — did not include the claims and arguments by Pikanti as mentioned above — a former Survivor of the Cartel Ltd formerly Pikanti Food Industries Israel Ltd.
As a result of the Nestle-Osem group actions and the cartel it and its assistants who are the defendants here organized, the crusaders reached a state of inability to pay off their debts.
They sold their businesses and claimant no. Attached is the liquidation claim and is marked as H. Attached is the minutes of the deliberation and marked as I. Following Pikanti's actions in collecting data and filing a complaint at the police, and the restraint of trade controller, the Nestle-Osem group increased its war activities against Pikanti and the crusaders — the companies that marketed Pikanti's products.
Attached is the notice and marked as J. A Pikanti representative notified also the police on 7. The Nestle-Osem group organized suppliers, made them believe their money was in danger, the suppliers arrived at the Pikanti offices furious and desperate.
And then — hocus pocus — a huge fire broke out on 9. It destroyed a large portion of the building and the offices, files and many documents were burnt, and there was a great damage to property. The fire disrupted Pikanti's and the crusader companies'' bookkeeping, it harmed their capacity to function, and destroyed some of the material that Pikanti collected for its claim against Nestle-Osem. Apart from the fire that no doubt served Nestle-Osem, here are two more incidents that could benefit Nestle-Osem: A few years ago, Nestle-Osem's plant in Bnei Brak was burned down.
This plant manufactured Nestle-Osem's "Bisslee", and Nestle-Osem had at the time of the fire old extinguishing equipment in the state of junk. The fire served Nestle-Osem. A few years ago the "Israel Taste" plant in the industrial zone of Rishon Lezion was burned down. This plant had a fight with Nestle-Osem at the time of the fire, and hocuses pocus, it was burned.
Nestle-Osem's corrupt methods in its fight against its competitors are well known. Here are "Strauss's", and Kibbutz Shefayim's words: Nestle-Osem made it clear to Kibbutz Shefayim that should they not make an exclusive contract with Nestle-Noga — the sales of the Policad firm, owned by the Kibbutz, would suffer. An official in the Kibbutz confirmed that Nestle-Osem pressured unusually hard to have Nestle-Nestle-Noga ice cream owned by Nestle-Osem and Tnuva the exclusive supplier of the Kibbutz".
Attached is the notice by "Strauss" and Kibbutz Shefayim — marked as K. Furthermore, in the research book "First class", by the most senior journalist and researcher in Israel, Yoav Yizhak, one can read of food companies who stood up to Nestle-Osem and were distinguished, this happened in the framework of the centralization process that has been taking place for years in Israel, a gradually worsening process which leads also to the overtaking of the media that is financed by them.
Attached is the research relevant to Nestle-Osem — section , marked as L, and on harming the public on section - marked as L 1. While trying to eliminate the crusader companies — the companies that marketed Pikanti's products, the Nestle-Osem group submitted against them a series of 12 legal claims based on the false claim that they had not paid their debts to her. Here the Nestle-Osem group used the ancient method of "Hast thou killed and also taken possessions?
To the list of claims see attached supplement and marked as M see there section. All claims were submitted in short justice order and two at the execution bureau. To the heads of claims see attached supplement marked as N. In Nestle-Osem's claims words: There it claims to have been cheated and misled, and the corporate veil should be lifted and the Investment Crusader Ltd.
Yet when the Nestle-Osem group did not succeed with those claims why, will later be explained , they said that the one responsible for the crusader debts was not Investment Crusader Ltd. In any case, according to the behavior of Nestle-Osem — logically one of these processes is futile - the 12 processes against Investment Crusader Ltd.
See attached request for joining, and marked as Q. The Nestle-Osem group acted in this way not for a legal matter of fact consideration and not for discovering it was wrong, but rather because it had not succeeded in the former claims. Who but the representative of the Nestle-Osem group can describe its iniquity and its failure to the point of misusing legal processes.
In a debate at the District Court on 3. And in his words: So the truth came out, and the representative of the Nestle-Osem group said it publicly. We have eyes to see that not claims of misleading, cheating, the lifting of the corporate veil by Pikanti was the truth, but only because the Nestle-Osem group's plans were disrupted, according to which Investment Crusader is to be blamed, Nestle-Osem proceeded to wrongfully use legal procedures, and now falsely claim that "Cartel Survivor Ltd.
While there was no legal cause of action to submit a claim against Pikanti, the Nestle-Osem group conducted all its claims against the crusader companies — the companies that marketed the Pikanti products — as a whole, and against The Investment Crusader Ltd.
When a poke was put in its legal wheel against the crusaders, the Nestle-Osem group had "no choice" but to go on with its method proven above and which receives confirmation in the affidavit marked C 1 which is "Nestle-Osem will do anything to destroy Pikanti". Yet it is hard to turn an ocean of claims and legal arguments which Nestle-Osem held in 12 legal processes with what it considered defined and proven cause of actions, and claim now that it is all quite the opposite.
When Nestle-Osem destroyed the crusader — the companies that marketed the "Pikanti products — first with a cartel and then with an ocean of claims, all in the method of thou hast killed and also taken possession, she eventually realized that the tide was turned or in other words, she shot herself in the leg. Nestle-Osem's smart guys consulted as to what to do next and found themselves a consultant. Here Nestle-Osem recruited a new "war weapon" — an affidavit by a lawyer who is an internal consultant for the Nestle-Osem group.
However, Nestle-Osem does not say, nor does the consultant, that he is a consultant, and they do not say that he is a legal consultant and a lawyer too , but they specify in the affidavit a mixture of incorrect data, from the role of the person who gave the affidavit to creating a distorted picture in order to create a legal basis to oblige the "Cartel Survivor Ltd" with the debts of all crusader — the companies that marketed Pikanti's products, and they thought that the readers' "…eyes are debaubed, and they cannot see" Isaiah 44, 18 when they are cheated.
Moreover — This affidavit supported Nestle-Osem's request to join the liquidation file against Pikanti, while the one to request the liquidation, "Sunfrost", changed its mind.
Nestle-Osem, using this request and this affidavit, delayed the cancellation of the liquidation file, and continued to cause harm to claimant no. In his affidavit and in section 1 Mr. Joshua Meroz declares as follows: Yet it turns out that the person who gave the affidavit is not a member of the above mentioned management.
The person giving the affidavit did not reveal his real position — a legal internal consultant to the Nestle-Osem group and a lawyer, in addition to being the group' secretary. As specified in the registrar of companies' documents, the person giving the affidavit, lawyer Joshua Meroz, is not a manager in any one of the Nestle-Osem group companies who hold share and are inhere after specified.
The total number of managers in those companies is 57!!! Attached is a printout by the registrar of companies to the above mentioned Nestle-Osem company — marked as S. Attached is a printout by the registrar of companies to the above mentioned Nestle - Froumin Company — marked as T. Attached is a printout by the registrar of companies to "Atoor" of the Nestle-Osem group and a share holder in the two above mentioned companies — marked as U.
Attached is a printout by the registrar of companies to "Nestle-Osem Export" which is a share holder in the above mentioned Nestle-Osem - marked as V. Attached is a letter of the representative of those companies. In the copy his real position and title are indicated — marked as W.
In section 3 to the affidavit the above declares that: Pikanti submitted to the petitioners check as follows: To Nestle-Osem — a check for the sum of , The affidavit is a portion of the Nestle-Osem group request against Pikanti — "Pikanti Food Industries" as was its former name. The person giving the affidavit distinguishes Pikanti from "The Pikanti Groups". See reference to the "Pikanti Companies" in section 3 D. By making this distinction the lying Meroz puts up a false presentation as if the above mentioned checks were by "Pikanti Food Industries" today "Cartel Survivor Ltd.
But examining the checks it is clear that not "Pikanti food Industries Ltd. Meroz, the person who gave the false affidavit uses the name Pikanti and lets the court believe that he refers to the claimant. Yet as mentioned, this description is a false presentation of a fact and is done so intentionally. The deceitful presentation was made to mislead the court to think that there is a reason for Pikanti's liquidation due to dishonored non-redeemed checks.
The deceitful person who gave the affidavit covers and does not reveal that those checks were claimed in two execution files from "Pikanti Investment Ltd. Attached is execution file against debtor "Pikanti Investments Ltd.
Attached is execution file against the debtor "Pikanti Investments Ltd. On page 4, section 4, the person who gave the false affidavit declares: And on page 9, section to the request it is said: But it turns out that H.
Food did not request the lien on The lien is of 8. Attached — agreement and the pawn bill of 8. Again, as already mentioned, the defendant puts up a deceitful presentation to the court with the intention of misleading it to believe that Pikanti and "Pikanti Companies" together made fictional liens after the request for the liquidation against H.
The lien had been created a long time before the request for liquidation the date of the liquidation was 9. The temporary liquidator also indicated in his first report, ibid page 7, that the lien was created on 8.
Yet the claimant is not satisfied. To mislead the court as if a long time had passed after the request for liquidation, he says that three weeks had passed up to But in fact only two weeks had passed from 9. Yet even the date of The deceit and misleading is multiplied. The deceitful person who gave the affidavit and the Nestle-Osem group are not satisfied with these lies.
In regard to the date of the lien creation, and for the deceitful presentation to be perfect for the court to be convinced that the "facts" are the reality, it is declared as follows: In it emerge serious offences attributed to the claimant and her manager, who was also the manger of the "Crusader" companies, and there is enough in this report to base, all the more, what is written in this request: See the request by the Nestle-Osem group — supplement Q — page 9 section 25 — for convenient reasons this page is attached as an additional supplement, marked Z5.
The false presentation is, that even the temporary liquidator determined, as it were, that the company was under lien after the request for liquidation. But this is not what the liquidator ruled: Attached is the liquidator's ruling in section Their intention is clear — that whoever is misled by the presentation will act upon it, that is, as mentioned above: That means, the best "proof" and the most "convincing' one is that Pikanti should be liquidated.
On page 10 section cc , the Nestle-Osem group indicates, in its request to join the liquidation: According to section In this case also there is no way around the conclusion…". Attached is page no. The lien was not created on the day the defendant declared it was. The lien was created on Attached is the liquidator's report, page 8, section In addition is attached the registration with the registrar of companies, marked as Z9.
On page 5 of his affidavit, on p. Again, this is a deceitful presentation of a fact, in full knowledge that it is false, as the money entered their cash register, and this is no small some but , NS as follows: To base their request and cause Pikanti's liquidation, the cheater on page 5 of the above, in section g together with section 6 a , and in the request itself, declares that the ceasing of payments is due to the company being insolvent and: This declaration stands in contradiction to another declaration the Nestle-Osem group submitted in another process.
In the claim Nestle-Osem maintains page 9, section 17 that: Attached is the claim, marked AA. Yet when it wants Pikanti to be liquidated, it has no problem in submitting a false declaration — that already in 7.
Nestle-Osem has no problem in submitting contradictory statements to different courts in an issue essential to the core of the matter. Stopping supplies, the Nestle-Osem group and defendants and , breached the trade agreement they had with Pikanti unilaterally. They did so without due notice, against the agreement conditions, and against the business custom between them. On the contractual level: On the torturous level: Publicized libel about Pikanti, as under the libel prohibition law, , to the l public in general and other agents supplying goods to Pikanti in particular, and by doing so caused Pikanti considerable financial harm.
The almost certain harm of libel is damage to a person, to who the libel is directed. As the damage is not outside the natural results of the publicity, there is no need to see "with the intent to harm" in section 6 of the law a demand to a specific intent by the publicity, even if we adopt this classification of "intent".
If the target, to whom the intent refers, "is attached to results which may develop naturally because of that behavior, then the intent attached to those results is ordinary, as the results are ordinary" S.
Feller, "Absenteeism, to evade a combat duty", The Attorney, , More difficult is the distinction between motive and intent. The law does not always use the term "with intent" to describe a mental basis of intent but also as a term of motive regard Z. The question, then, is if section 6 demands "intent" in the sense of a mental base of intent, that is a relation of wishing to the result, a wish to achieve the goal by doing the deed, or maybe section 6 deals with "intent" that is the reason which made the doer want the result.
When the motive is satisfied only after the immediate result was achieved See Y. The distinction is between 'aim' and 'motive'". As the immediate almost certain result of libel by Nestle-Osem is damage to Pikanti, it is proper to say that the damage refers to the external reality to the doer and not his internal 'why'.
Because if the damage is direct and immediate from the behavior, it is not that far away goal, satisfied when the immediate goal is reached. The test of result, integrated with the test of external reality, shows that all defendants spoke ill of Pikanti. Furthermore, Nestle-Osem and its friends publicized a lie under section 58 of the Damage Law new version when they publicized an intentionally fraudulent notice about Pikanti's business. The quarrel created by the consumer protection law is not explicitly recognized in the general law, yet there are roots to this liability in the general law.
The explicit recognition of cause in the consumer protection law makes this question of cause simplified. The liability is that of the manufacturer in a case of misleading or covering up by him. There are roots to in the general law both in the customary law and in ruling and in literature, to the recognition of the liability of a third party to misleading presentations which resulted in agreement.
A, pages , section Shalev Contract laws, Law, second edition, page Novogrotzky, 84 34 3 47 the liability of a mediator to damages caused by contact. In the English law the liability of a manufacturer was recognized in cases when he presented direct presentations towards the buyer. The base for liability was the establishing of a unilateral contract or a supplement.
In Israel this technique has also been used. Nestle-Osem and the other defendants in this claim are prosecuted also for breaching a legal obligation: The Restraint of Trade , maintaining in section 4 that: All monopoly owners included in this claim, like Nestle-Osem and Tnuva are claimed for breaching a legal obligation also according to section 29 to the Restraint of Trade which determines: And also small section ". Nestle-Osem's" business and consumer criminality is not new.
For a long time it has cheated the consumers in various ways and methods. It has been discovered, lately, that Nestle-Osem reduces the packages of its products, yet leaves the prices intact.
In these times of recession when many families fall upon hard times, Nestle-Osem found a new way to increase its revenue, by cheating customers. While it reduces the size of its packages so the consumer gets less and less, it profits at the expense of the consumers when it leaves the prices intact. For example, reduced the package-size of the large Bisli from gr. After it was caught with its fingers in the till, Nestle-Osem tried to save her name and announced she would reduce the Bisli prices in 1.
The uncovering of this phenomenon aroused a big storm and the Ministry of Industry opened an investigation. At the same time, Zamir Hayat, the supervisor for the central region in the Ministry of Industry, announced that following the instructions of the supervisor of consumer protection, the shrunk packages would be collected and the manufacture would be invited to offer explanations.
They would also examine the legal aspect of this issue. The companies of the Nestle-Osem concern mislead their customers by reducing the size of products without reducing their price accordingly and without making it known to the consumers.
The Knesset committee for public petitions, turned to the manufactures and the companies that changed the packages, and asked them to go back on the changes they had made. Among other things, the committee demanded that the manufactures make an obvious change in the packages so as not mislead the consumers. The vice general manger of the consumer authority in the Histadrut, Hani Monin, said in a debate at the Knesset, that an arbitration body should be established for the issue of misleading the consumer, which are in the so to speak grey zone yet which deprive the consumer of his rights.
The legal consultant for consumerism, Attorney Yosi Berg said that the authority's examinations showed that the phenomenon of reducing the size of packages can cause to the public a potential damage of half a billion NS a year.
He also said that after learning the subject, the authority will debate its next steps. The Ministry of Industry, Trade and labor will examine an obligatory process which will coerce the marketing networks to publicize the price of products in relation the quantity. This is about weight units, volume or single product units in large packages. This indication will enable the consumer to compare prices and will neutralize criminals such as Nestle-Osem from cheating the consumers.
Yet Nestle-Osem's iniquities do not stop here. About a year ago a snack it imported by the name of Chicks-Mix was taken off the counters, after it was discovered that Nestle-Osem cheated the consumers. As it turned out, this snack has nothing to do with chips snacks, as this snack is not made of potatoes at all and thus the comparison misleads the consumer, who assumes that he eats a potato fatless snack, when in fact the snack is made of corn and wheat.
After the authority for consumerism got involved, The Health Ministry saw to it to take the snack off the counters. Yaffa Reicher, in charge of a legal group in the food service in Tel Aviv confirmed that a representative of Nestle-Osem was investigated at the police and the file was transferred to the Tel Aviv region Attorney's Office for further treatment.
When asked by a journalist, Shoshanna Chen, "Why mislead the consumers? Nestle-Osem answered that the product was taken off the counters and the issue is treated by the legal department. This is how Nestle-Osem decided to put an end to this embarrassing story. While the simple citizen fights for his livelihood, Nestle-Osem managed to have a sales turnover of the third quarter of of This fact alone can explain hoe "honest" and "loyal" Nestle-Osem is to its consumers.
It is obvious that today families buy less then what they used to in the past. Exploitation of Monopoly Nestle-Osem is a monopoly as the term is under the Restraint of Trade — The Restraint of Trade Law, in comparison to the former one of , is designed to increase the supervision on monopoly activity to prevent damage caused by monopoly control of the market.
The legislator implemented in section 26 A to the structure examination law, somewhat mechanical, establishing conclusive possession, that control over more than half the supply of assets or services, expresses control and dominant status.
At the same time, section 26 c gives the Minister of Industry and Trade the authority to determine, concerning certain assets or services, the existence of a monopoly even if the control is over less than half, if he finds — by the supervisor's recommendation, that whoever has a smaller portion has a decisive influence in the market. A monopoly is not against the law. The Restraint of Trade Law does not prohibit a body or a certain firm to have a monopoly, only if it has a monopoly, as Nestle-Osem does, the law forbids it from exploiting its monopolistic status as Nestle-Osem did against Pikanti.
The Restraint of trade controller, in his ruling concerning "Yediot Aharonot" determined as follows: A monopoly as such is not forbidden by law. In principle, a company with a monopoly has the right to conduct its affairs as it sees fit.
This right has been around for a long time and now it is anchored inn a new basic law: The goal of controlling the monopoly is to prevent damage that may ensue from the monopoly owner's control of the market".
The issue of forbidding unfair competition, which we will deal with hereinafter, is anchored in section 29 A of the Restraint Trade law, a correction and an addition to the law. Section 29 A of the law focuses in avoiding exploitation of the monopolistic status, while section 30 of the law states some statutory causes for orders to settle monopoly activities. One of the statutory causes as mentioned, is the cause of "conducting an unfair competition between the monopoly owner and others", as Nestle-Osem conducted.
The learned Yizhak Yagur wonders what is new in section 29 A of the Restraint trade law compared to section 30 4 to the law, if all causes mentioned there fall anyway into the wide cause of "conducting unfair competition" by virtue of section 30 4 to the law. The answer, according to Yagur, lays in the level of evidence and in the burden of proof. Section 29 A rules in fact four possessions that should one or more of them exist, a possession is created by which the monopoly owner exploited his status in the market in a way that may reduce competition in business.
One of the exploitation possessions rules that "exploitation" means conducting unfair competition towards others. The Law used the term unfair competition "towards others" and not necessarily towards competitors.
Yagur explains that unfair competition, as reflected in monopoly rules, is not only on the horizontal level, which means, it is no merely among competitors, but it could exist also on the vertical level — between the monopoly owner and the distributor or distributors of the monopolized product, or even towards the suppliers, as was the case with the Nestle-Osem's CARTEL AGAINST Pikanti.
The competition, in this case, as will hereinafter be brought, was far from being a fair one. The claimant's suppliers hereinafter the defendants , took part in the food cartel established by Nestle-Osem. The defendants stopped the supplies in an organized and coordinated manner, despite the fact that the claimant made its payments on time, and by doing so they created the domino effect.
Stopping the supplies caused severe financial damage to the claimants and to the Pikanti concern in general, and caused the collapse of the Pikanti concern. The actions by each company by itself and the actions of all the companies together with the others, damaged the cash flow, emptied the Pikanti concern counters, and signaled to the rest of the suppliers to join the destruction. The actions by the defendants, together and separately, caused panic among the suppliers, and they too, in a short time, ceased to supply goods fearing and expecting that the actions by the other defendants would disrupt the cash flow.
Others in that additional crowd worsened the credit terms as a condition to keep supplying goods. Naturally, the change in credit terms, added a layer to the damage of the Pikanti cash flow. When the supermarkets' shelves remained orphaned, the customers deserted the stores, which resulted in even more cash flow damage. On one hand expenses swelled up for paying all bills to the defendants , while on the other hand, income went down the hill.
Discontinuation of bank credit which is built by virtue of cash flow. The incapacity of the Pikanti concern companies to pay off their debts to the defendants, created enormous financial difficulties to the claimants, as all their income was based on ordering goods from the marketing companies.
With the destruction of the, marketing companies, no one remained to order goods from the claimants. These actions caused, among other things, the selling of part of the business for a pittance. Thus supermarkets with their expensive equipment were gone, and the investments went down the drain. These actions were done despite Pikanti's and the rest of the Pikanti concern's warnings to the defendants, who did not give required advance notice, and acted to liquidate Pikanti in a manner contradictory to the company's ordinance.
If those actions were not enough to destroy Pikanti, the companies implemented legal actions with the goal of destroying Pikanti. However, it was proven that they conducted futile proceedings as court, including submission of false affidavits, forgery, and evidence concealing.
These acts were severely criticized by the court. Thus, to the causes of the above claim of the Nestle-Osem group and its collaborators, are added causes of action for violation of trade agreements and obligations, actions against the law on a contract and damage level, exploitation of monopoly, conducting futile proceedings and more.
By activating a cartel, the suppliers caused Pikanti damage on a very large scale. As they were determined to bring about the collapse of Pikanti, they breached their contract with Pikanti. Any excuse, that Pikanti was in economic bad shape at that time, which made them each breach their contract, is an utter lie.
At that time Pikanti enjoyed economic strength and there was no reason to breach contracts, unless for malicious reasons. Furthermore, the argument as if the collapse of Pikanti originated in acts and failure to act on the part of its managers or its share holders as it were, is not in order, because already the magistrates court in Tel Aviv ruled that this is not about "inner" economic difficulties which originate inside the corporation, but rather about external to the corporation difficulties, not under its control, and not its guilt.
And the honorable Judge Shevah continues and rules: The image here is of a bright young American Jew deeply torn between his concern about the survival of Israel and his duty as a US intelligence official to protect his own country's security secrets.
There's a certain logic to this image, and even some elements of truth. But this is not why Jonathan Pollard is serving a life sentence. There is more to the story. S OON after Pollard's arrest in November , his Defense Investigative Service and FBI interrogators became convinced that much if not most of the "take" in fact had nothing to do with Israel's essential national security interests. The problem was essentially this, The Defense Investigative Service and the FBI knew from lists hidden in Pollard's desk that he had been very specifically tasked.
That is, his Israeli handlers had developed intelligence requirements for particular documents, by name and number. Initially, this indicated the possibility of another agent - the infamous "Mr. X" - who was pointing the operation toward the documents Pollard was to steal.
In a polygraph interrogation, however, Pollard confirmed what US defense officials already suspected: One of the first documents he'd been asked to take was a huge compendium of current classified military documents which is updated every three months. This lists and describes tens of thousands of documents - a virtual road map for Pollard's handlers. No need for Mr. So what Pollard took was exactly what the Israelis wanted. But what did they want?
The initial shock came when the FBI analyzed the 25 documents found in a suitcase Anne Pollard had removed from their apartment on her husband's instructions, after he was first questioned at the Pentagon.
The question "Is there a Mr. Now there was a new question: The transcripts, together with computer records at the Defense Intelligence Agency and within the agency, at the Defense Intelligence College , where Pollard gained access to many of the stolen documents, have subsequently revealed that much of the operation's take had nothing to do with the Middle East at all - it contained details of US and Soviet intelligence, communications and military capabilities.
This included, according to the government's Memorandum in Aid of Sentencing, "details about US ship positions, aircraft stations, tactics, and training operations. This concern was heightened when, during the Pollard investigation, a Soviet defector in US hands revealed that in addition to the two Soviet spies serving prison terms in Israel Shabtai Kalmanovitch and Marcus Klingberg , there was a third who had not been caught. He was well placed in the Defense Ministry, and still "active.
A second theme of Pollard's supporters is that the sentence was too harsh because the compromised documents, however voluminous and important, were sent to an ally. They question whether much damage was in fact done. The issue is fairly joined here, because it was almost certainly Defense Secretary Caspar Weinberger's page classified submission to the court about damage to US security which led Judge Aubrey Robinson to issue a life sentence.
In the months since Pollard went to prison, his supporters have taken Mr. Weinberger to task for his role in the sentencing process. Dershowitz has characterized Weinberger's statements as "dirty pool. Wolf Blitzer is a bit more circumspect in his book, admitting that Pollard had indeed damaged national security. But he adds the curious caveat that much of the damage had been contained, "because of the exposure of the operation" and because "US and Israeli intelligence -officials have cooperated - albeit not completely - to repair the damage.
Among the things Pollard sent to the Israelis, according to government submissions, were: None of the documents recouped in his apartment were excised: None of the documents returned by the Israeli government had been excised. The compromised documents, in other words, revealed all details about the intelligence sources and methods used to collect the information. Even if Pollard had tried to-excise sources and methods, he did not have the competence to do so. We are speaking about hundreds of thousands of pages, thousands of documents, and hundreds of subjects.
The information compromised included US military satellite photographs. If a foreign intelligence organization simply sees the photograph in a technical journal, all it has is the subject in the photo, the fact that the National Security Agency is interested, and some indication of the power and resolution of the satellite cameras.
But if foreign analysts get their hands on the original or even a good photocopy of the photo itself, they also get all the telemetry data that was printed around the edges - the location, distance, altitude, altitude and degree of angle of the satellite, among other things. With this information in foreign hands, the NSA must reposition, or even change the orbit of the satellite, at great expense, and the element of surprise is lost. This is what Weinberger meant when he referred to "[the loss of] national assets which have taken many years, great effort, and enormous national resources to secure," Three separate Defense Department sources who took part in the Pollard operation damage exercise have been unable or unwilling to put a specific dollar figure on the loss.
But all three have, independently referred to "several billions of dollars" as a rough estimate, with the vast majority of that loss occurring to the technical collection resources of the NSA. And at that, we haven't counted the networks destroyed and the extreme personal risks caused for spies whose identities, locations, and activities were revealed. It makes virtually no difference that the pages went to Israel as opposed to, say, Czechoslovakia.
No modern national security apparatus would risk many lives or billions of dollars on operations whose security it no longer controlled. Once it is gone, it's gone. If Pollard had taken half the material and mailed it to KGB headquarters in Moscow, and had merely given the other half to a friend in Bethesda, Md. In this case, the material went to a foreign power whose intelligence services the US had reason to believe were already penetrated by the Soviets.
Former CIA director Richard Helms was recently asked in connection with Pollard, whether the US should distinguish between those who sell secrets to friends on the one hand, or enemies on the other. His answer was, no, it shouldn't, "for the simple reason that we don't know about the security of those other governments. Helms's comment underscores another important point about the "take" in the Pollard operation: It is only the government of Israel, meaning the entirety of its security establishment, that could have used the voluminous material stolen in this case.
In his book, Mr. Blitzer is very careful to point out that when Mr. Peres became prime minister in September shortly after Pollard was recruited , Mr. Eitan "was asked to give up his counter terrorism responsibility. My source for this is Thomas Pickering, then US ambassador to Israel, who, when Eitan's name became connected to the case, was asked by the State Department about the man's ties to the prime minister.
He responded as indicated above in a "Secret" telegram No. It was declassified in in response to a freedom of information request from this writer. Perhaps the most embarrassing aspect of the Pollard matter, from Israel's standpoint, and the primary reason that those directly involved would like to see the Pollards released and the issue permanently resolved and out of the news, is the question of the policy context for the operation.
Was Pollard the first person to spy for Israel against the US, or was he only the first one to be caught doing so, or was he only the first one to be caught and prosecuted! You would be correct if you answered "none of the above. Blitzer distinguishes between "friendly espionage" and the nasty kind where agents are recruited and money is paid for information. The former is collected by overt technical means or by the reports of military and other accredited attaches. This Israel has done to America, and the US does to Israel, and everybody does to everybody else,-B-ut for decades, Blitzer maintains, the US and Israel have abided by an agreement not to spy on each other the nasty way.
That is provable nonsense. The Israeli government is even less equivocal on this matter than Blitzer. Shortly after Pollard's arrest, Prime Minister Peres issued a statement which said, in part: Not now, not when Pollard was recruited, and not at any time going back to the very establishment of Israel's first embassies in Washington and at the United Nations in The list in the accompanying article is by no means complete.
Documentary evidence exists of similar cases. Why are they not better known! Because prior to Jonathan Pollard, according to one senior FBI counterespionage official, "95 percent of the cases developed resulted in declinations [to prosecute]. The cases were dropped at the last moment. Pollard was certainly not the first and he probably won't be the last Israeli spy in America: He was just the most effective. That said, my sense is that many if not most in the US intelligence and military communities would be delighted to accommodate Pollard's family and supporters, and release the man and his wife to their adopted country.
It would depend on what the US could get in trade, perhaps in a three-way deal involving the Soviets and their spies now in Israeli jails. There is generally no rancor in Washington toward Pollard personally. And in any event, the damage is already done. But you can be sure that whatever has happened in the past, the next Israeli caught spying in America will be treated as a spy. Their discussions, according to Bruce Rice, NUMEC's security manager, "concerned the possibility of developing plutonium-fueled, thermo-electric generator systems in the 5- and milliwatt power level.
The Israelis were particularly interested in 10 generators in the 5-milliwatt range, which would be fueled by about 2 grams of plutonium. During a meeting with then-U. The late Carl Duckett, former CIA deputy director, found it "hard to reconcile Shapiro not recalling Lahav when the matter was first raised, but subsequently thinking he was the man he met in Pittsburgh," Duckett wrote in a letter to Henry Myers, former Udall aide, in response to Shapiro's unsworn testimony during an informal meeting with Udall's subcommittee in Shapiro also said he met the head of Israel's military intelligence during his trips there.
But, Shapiro said, he had no knowledge of Israel's nuclear weapons capabilities. Again, Duckett doubted Shapiro. Given Shapiro's background, his interest in Israel and "his contacts with senior Israeli officials concerned with nuclear matters, Continuing speculation After about a decade of investigations, federal authorities could not find significant evidence that Shapiro diverted uranium to the Israelis.
But that didn't end speculation. To bolster his argument, Hersh points to the large quantities of uranium found, according to the NRC, when the Apollo plant was decommissioned and taken apart in the s. In an interview with the Valley News Dispatch, former Udall aide Myers, who is not represented in a positive light in Hersh's book, questioned the validity of Hersh's claims and wondered why more people did not criticize the book.
Federal agents also considered the possibility that NUMEC's partnership with Israel on food irradiation made it easier to smuggle uranium out of the country.
The worker, whose name is deleted in a November FBI document, told agents he believed the losses in uranium occurred about the same time NUMEC was involved in developing and manufacturing at least one large irradiator and several smaller units called "Howitzers" and shipping them to Israel. The employee believed if enriched uranium was to be illegally shipped to Israel, "it would have been a simple matter of placing the material in these food irradiator units in large quantities and shipped to Israel with no questions asked," according to the FBI report.
No one would have opened or examined them or had reason to question their contents. Shapiro insisted to Congressional investigators that such a phone did not exist and that the telex machines at NUMEC were ordinary.
Some of the missing material also was likely buried as waste on the plant site, he said. Diversion or sloppy records? Seaborg wrote to U. Therefore, it cannot be said unequivocally that theft or diversion has not taken place.
The losses were way beyond what we would have anticipated. We felt that Shapiro was deliberately negligent to cover the losses. News of the buried waste came as a surprise to the AEC, according to an Aug. Shapiro stated this new source of valuable waste was contained in about drums of scraps and cleanup material. The buried waste was exhumed in October , but only six kilograms of uranium - 56 kilograms short of what Shaprio said should be there - of nuclear material was recovered.
Why was he going public on television? All this did was get him in trouble in life. The thing about Duckett is he had no reason to lie.
This is the second of three parts regarding the history of the Nuclear Materials and Equipment Corp. The Phantom of Dimona. Translation by Victor Diodon. Black Market of Horror: In Jerusalem the subject is still considered a state secret, but experts all over the world agree: Israel is the only state in the Middle East to have atom bombs. The first received the Nobel Peace Prize in and has moved among the topmost circles of the Israeli Establishment for over 50 years.
The third has spent more than 17 years in a maximum-security cell of Ashkelon Prison - as traitor to Israel. The careers of Shimon Peres, 80, Rafi Eitan, 77, and Mordecai Vanunu, 49, reflect central stages in the history of the Jewish state - its successes, its defeats and its inner conflicts. And they touch on a taboo that is officially maintained to this day and is only slowly being laid open by independent historians and journalists.
Shimon Peres, from the shtetl of Vishniva in what is today Belarus, emigrated with his family to British-controlled Palestine when he was eleven years old. As a young man he joined the underground Jewish army Haganah, but always strove for negotiation rather than terrorism as a way to deal with the occupation forces. That legendary head of government and founding father of Israel is obsessed with the idea that the Holocaust might be repeated, and his central fear is that this time the Jews would be driven to the brink of extinction by fanatical Arabs.
Ben-Gurion seeks a weapon against this helplessness that will work even if the enemy seems superior in strength: Ben-Gurion instructs Shimon Peres to do everything to make this dream a reality; the ultimate Zionist project. Peres has no illusions that any of the three powers who possess nuclear capability would share the technology with the Jewish state. The Soviet Union and Great Britain are not an option. Even the USA are only willing to supply a tiny reactor for the purpose of generating power - and they warn the Israelis against having nuclear ambitions.
Peres sees his chance somewhere else. He turns to Paris; in those days France was just beginning to develop its nuclear weapons program and in fall of she sees no strategic obstacles to helping the Israelis in exchange for secret intelligence information and scientific collaboration.
The French and the Israelis share the same interests in the battle against Arab dreams of superpower status. Out of gratitude, Premier Guy Mollet enters into a secret treaty with Peres in and promises Peres the know-how to build a large reactor at Dimona in the Negev Desert. The reactor is able to produce plutonium - the stuff atom bombs are made of. When the official Israeli atomic energy commission sees the construction plans for Dimona, the result is an uproar.