Police eye possible leak of sensitive data to mob from phone of ex-top lawyer

Investigators to examine how material from Efi Nave’s device, which is being held by police, made its way to unknown entities, including some with links to criminal groups

Efi Nave in Magistrate's Court in Lod, on April 28, 2019. (Flash90)
Efi Nave in Magistrate's Court in Lod, on April 28, 2019. (Flash90)

Police will probe the recent leak and possible distribution of files from the former head of the Israel Bar Association’s cellphone, a device currently in state custody.

“In light of reports in recent days of alleged illicit distribution of material from phones belonging to attorney Efi Nave, and in response to the complaint filed by Nave’s representative in this matter, it has been decided, in coordination with the state prosecution, to launch a preliminary police probe into whether such materials are indeed in the possession of parties not authorized to hold them,” police said, “and whether such materials were illicitly distributed by certain parties.”

The reported leak of thousands of files fueled worries that sensitive data that could be used to blackmail public officials had found its way into the hands of malicious actors.

Data from Nave’s phone, which has been in the custody of law enforcement for much of the past year, has ended up in the hands of several undisclosed entities, including some with links to criminal organizations, Channel 13 reported last Tuesday. The leaked data is said to include communications with senior judicial officials, top politicians, and members of the press.

Prosecutors announced earlier this month that they intended to charge Nave with bribery, fraud, and breach of trust, over allegations that he misused his position to advocate for the judicial appointment of Eti Craif, a judge on the Rishon Lezion Magistrate’s Court, with whom he was romantically involved.

Nave, who resigned as head of the bar association after his arrest at the beginning of the year, was one of the nine members of the powerful Judicial Appointments Committee, which decides on placement and promotions for judges in Israel’s three-tiered judicial system. The position gave him outsize influence in helping lawyers advance in their careers.

Magistrate Eti Craif (Israel Courts web site)

According to Channel 13, the leaked data could be used to prejudice judges during court proceedings, help parties to legal disputes mentioned in the correspondence and reveal the sources of journalists reporting on legal issues.

“I don’t get it. How did it happen? How does it leak? Do you know what kind of stuff I have there? It’s crazy,” Nave told the network, saying that the leak was either from the police or the prosecutor’s office.

Law enforcement reportedly acted against Nave after being tipped off in early 2019 by Army Radio journalist Hadas Shtaif, who received his old phone, apparently arranged for it to be hacked, and then reviewed its contents. What she found led her to hand the phone over to police, who then opened an investigation.

Nave has argued that the information from his phone was improperly obtained and in January, he filed a civil lawsuit against Army Radio and several of its journalists, demanding NIS 7 million ($1.9 million) in compensation.

In the claim, Nave said Shtaif acted “in a manner that is difficult to reconcile with any journalistic or legal criteria,” and has asserted that the manner in which the phone’s contents were obtained invalidates their use by the police and prosecutors.

Police have said that all evidence from the phone was properly acquired with court approval and the Haaretz daily reported in January that the state prosecutor granted Shtaif immunity from prosecution. Military prosecutors who advise the radio station were initially worried that she may have broken the law, but after consulting with state prosecutors, it was decided to use the information from the phone due to its importance to the public, the report said.

Michael Bachner contributed to this report.

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