In any case, as Eli's testimony indicates, it was not technically possible to advertise the dating sites on Facebook, Google and Microsoft. Eli's claim was not concealed, even though the plaintiffs were able to produce evidence (unrelated to the documents that were claimed not to have been fabricated) in order to refute it.
In these circumstances, even if the plaintiffs claim that partial documents were produced in this matter, I did not find that they suffered evidentiary damage, since there is great doubt as to the relevance of those documents.
Additional Claims Raised
- The plaintiffs raised additional financial claims, as detailed below:
- Use of EL AL points - It was claimed that Sarel and Shahar flew abroad with their families, with the source of funding for travel being points accumulated as a result of the use of Cybertrade credit cards. In their estimation, this is a total of about ILS 100,000, some of which is ILS 25,000. This claim was not supported by any evidence.
As part of the document discovery proceeding, the plaintiffs requested to receive all the relevant documents. The defendants claimed in an affidavit on their behalf that the data was not in their possession or control. A request to obligate the defendants to disclose and examine these documents was rejected in a decision of May 30, 2023, while it was determined that to the extent that there is a factual dispute between the parties as to the ability to produce data regarding the number of points accumulated for a credit card for the period relevant to the claim, the appropriate accommodation for clarifying the claim is within the framework of the proof stage. At the evidentiary stage, Sarel and Shahar were not investigated on this issue and the claim was not proven.
- Deposit in the sum of ILS 216,515 - According to the plaintiffs, on January 1, 2016, a deposit from Cybertrade was delivered to the CFD, which was deleted by an accountant's order and was never returned. They claimed that Sarel hid the fate of the money. The plaintiffs did not prove that Sarel and Shahar or anyone on their behalf took the deposit money and/or what happened to the deposit. Therefore, this argument should be rejected.
- Attribution of interest in the sum of ILS 68,500 - According to the plaintiffs, Sarel and Shahar credited themselves with interest in respect of the owners' loans in substantial sums higher than those credited by Rafi. In addition, in 2019, funds were withdrawn from Cybertrade accounts in favor of CyberLogic. This claim was neither supported by any evidence nor proven.
- Another claim raised by the plaintiffs is that Murphy was denied access to the Cybertrade and CFD documents and that he was excluded from their accounts.
There is no dispute that in 2017, Rafi appointed CPA and Atori, who served as his CFO, to the position of CFO of CyberTrade. As indicated by the evidence presented, CPA Vatori, by virtue of her position, had access to CyberTrade's accounting documents and to its bank accounts and CFDs.