Conflict of Interest at the Highest Levels: Analysis of the Smuggling Investigation and the Role of Shin Bet

Adv. Maxim Rakov Comments on an Unprecedented Situation in Israel’s Law Enforcement Community

Israeli Police are investigating a smuggling case involving Gaza where a relative of Shin Bet Director David Zini is implicated. Our partner and former Legal Advisor to Israel’s National Security Council, Maxim Rakov, analyzed the legal aspects of this unprecedented situation in an interview with REKA Radio.

Q: Could this situation have prevented David Zini’s appointment as Shin Bet Director if it had been known earlier?

Maxim Rakov: Absolutely. The position of security service director is so critical that sometimes stricter limitations must be imposed that aren’t directly related to a specific individual’s guilt. Even a family or personal connection to potentially problematic individuals can be disqualifying. Someone in this position handles matters of such serious state importance that the requirements are exceptionally high.

Q: How can an investigation proceed if Shin Bet cannot participate due to conflict of interest?

Maxim Rakov: In this case, we’ll see an inversion of the usual roles. There is parallel authority of Shin Bet and the Police – both can investigate crimes against state security. Typically in such cases, Shin Bet takes the lead while Police provides support. Here it will be reversed: the Police Investigations Department will coordinate the process, while Shin Bet provides technical support at lower levels, without information reaching the service’s leadership.

Q: Can Shin Bet participate in an investigation when its director has a potential interest in the outcome?

Maxim Rakov: Yes, but participation will be limited and targeted. Shin Bet won’t have the full picture of the investigation and won’t develop its strategy. Police will direct specific requests for technical assistance, with Shin Bet personnel explicitly instructed not to disseminate information. Moreover, from the fragmentary data Shin Bet receives, it will be impossible to construct an overall picture of the case.

Q: How serious are the allegations in this case?

Maxim Rakov: We’re talking about systematic smuggling of goods into Gaza over an extended period, possibly during wartime. This isn’t an isolated incident. If suspicions are confirmed that the goods could have been dual-use or prohibited from import, we’re discussing a breach of state security – precisely the domain Shin Bet typically handles.

Q: Could this case lead to David Zini’s removal from office?

Maxim Rakov: It’s important to distinguish between two situations. What could prevent an appointment won’t necessarily result in dismissal – these are different legal circumstances. Someone not yet appointed has no right to appointment. But a sitting Shin Bet Director can only be dismissed upon substantial grounds and a broad conflict of interest.

Everything depends on the severity of the offense, the degree of the relative’s involvement, and the closeness of the relationship. Public pressure to resign is also theoretically possible if the situation proves egregious, but this seems unlikely at present. The judge permitted publication of only a small portion of the information, and many details remain under gag order.