Shabbat Parashat Pinchas
July 14th 2012
Tammuz 23rd 5772
Shalom,
It was impossible to miss the big event on the news this week in Israel. Former Prime Minister of Israel, Ehud Olmert was declared not guilty in a verdict, concluding years of investigations and trials, 19,000 pages of transcripts and reports, and countless hours of debate.
For those who are not familiar with the case, here is the short version as reported in the press:
On 7 March 2006, it was disclosed that an inquiry was being carried out on the 1999 sale and lease-back of a Jerusalem property purchased by Olmert in 2004, which allegedly was done on financial terms very favorable to Olmert, in what would amount to an illegal campaign contribution and/or bribe. A criminal investigation regarding the matter was formally launched on 24 September 2007. The investigation closed in August 2009 due to lack of evidence.
On 16 January 2007, another criminal investigation was initiated against Olmert. The investigation focused on suspicions that during his tenure as Finance Minister, Olmert tried to steer the tender for the sale of Bank Leumi in order to help Frank Lowy, a close personal associate. Israeli Police who investigated the case eventually concluded that the evidence that was collected was insufficient for indictment, and no recommendations were made to press charges.
In October 2007, he was questioned for five hours by three officers from the National Fraud Investigations Unit in his Jerusalem residence regarding yet other suspicions. State Prosecutor Moshe Lador closed the case in December2008 due to lack of evidence.
In April 2007 it was further alleged that, during his office as Minister of Trade, Industry and Labor, Olmert may have been guilty of criminal behavior by taking an active part in an investment center. Prosecutors said that Olmert placed himself in a conflict of interest by personally dealing with issues involving business figures represented by his friend and former business partner, lawyer Uri Messer. Olmert was alleged to have changed some decisions made by his ministry in their favor. During a parliamentary inquest in July 2007, Olmert flatly denied these accusations.
In October2007, Attorney-General Mazuz ordered a police investigation into allegations that Olmert, when he held the positions of Trade Minister, Communications Minister and Finance Minister, had improperly appointed associates from the Likud party to posts on government bodies. Police completed their investigation in2009, and concluded that there was a basis to indict Olmert and others for fraud and breach of trust.
In May 2008, it became public that Olmert was the subject of another police investigation, concerning allegations of bribery. Olmert said that he took campaign contributions from Jewish-American businessman Morris Talansky when he was running for Mayor of Jerusalem, leadership of the Likud and candidacy in the Likud list for the Knesset. It was alleged that Olmert unlawfully received millions of shekels in illegal campaign funding from Talansky over a 15-yearperiod. On 27 May, Talansky testified in court that over the last 15 years he gave Olmert more than $150,000 in cash in envelopes to fund political campaigns, and hinted that Olmert also used the money for fine hotels, cigars, pens and watches. This matter therefore came to be known as the "money envelopes affair." On 6 September 2008, the Israel Police recommended that criminal charges should be brought against Olmert, and an indictment was filed.
On 26 November 2008, Attorney-General Menachem Mazuz informed Olmert that he decided to file an indictment against him in what has come to be known as the "Rishon Tours" affair, pending a hearing before Mazuz. The scheme allegedly worked as follows: Olmert would speak abroad on behalf of groups such as the Yad Vashem Holocaust memorial, a support group for the Israel Defense Forces or a charity for mentally disabled Israeli children. Rishon Tours then billed each group for the same trip as if they alone were paying, and placed the money in a special bank account allegedly for Olmert's personal use.
In 2010, another series of accusations came to light; the National Fraud Investigations Unit suspected Olmert of involvement in the "Holyland Affair", where officials took bribes in exchange for promoting real estate projects, especially the Holyland real estate development project in southwest Jerusalem, which was allowed to grow 1,200% beyond the limit authorized. As Mayor of Jerusalem, Olmert allegedly took thousands of shekels in bribe money from businessmen, entrepreneurs, and stakeholders.
On August 30, 2009, an indictment against Olmert was served at the Jerusalem DistrictCourt. The indictment included the following counts: obtaining funds by fraud under aggravating circumstances, fraud, breach of trust, falsifying corporate documents, and tax evasion. The indictment referred to three out of the four corruption-related cases pending against him: 'Rishon Tours', 'Talansky' (also known as 'money envelopes' affair), and the 'Investment Center'. This was the first indictment of someone who has ever held the office of Israeli Prime Minister. On 25 September 2009, Olmert's trial opened.
In January 2012, Olmert was indicted for taking bribes over the Holyland affair. The indictment was filed in the Tel Aviv District Court.
On 10 July 2012, the trial closed. Olmert was convicted on one count of breach of trust over the investment center case, but exonerated over the Talansky and Rishon Tours affairs. The trial regarding the Holyand Affair is still pending.
Minutes after the judges gave the verdict, reporters and politicians started asking questions about what would have happened if Olmert had remained Prime Minister. After all, wasn't he impeached for nothing?! Who knows where the State of Israel would have been if Olmert stayed in power, and was not disgraced?! History could have been very different.
This reminds me of an old slogan made popular by the Israeli National Road Safety Authority: "On the road do not be right; be smart."
Olmert perhaps was found technically not guilty, and hopefully will be found not guilty in the remaining trials. However, not guilty is far from truly innocent, and most people think that where there is so much smoke, there must be some fire! Being right is sometimes not enough, especially when it comes to being a leader. Aren't our leaders held to a higher standard? No one should be convicted or tarnished by rumor or innuendo, but it is troublesome when we are left with the overall sense that something is wrong. As it is said, "it might be kosher but it smells bad!"
The subject of many Divrei Torah on this week's Parasha, Pinchas, is dedicated to the nature of leadership. It is important for us to remember that being right is not enough. It is incumbent on our leaders to remain above suspicion, and to refrain from involving themselves in situations that could easily lead to corruption, or even the appearance of impropriety. These are important lessons for us all.
Shabbat Shalom from Jerusalem,
Cantor Arik Wollheim
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