Thus, she confirmed in her interrogation that she had access to and ability to view CyberTrade's bank accounts and CFDs (transcript of March 19, 2025, at p. 28, paras. 20-21, p. 29, paras. 21-22, p. 30, para. 26).
In addition, as appears from Appendix 79 to Sarel's affidavit, CPA Vatori also had access to perform transactions in the (Czech) CFD account and had passwords for the clearing accounts.
Vatori, CPA, also sent Rafi regular reports on the status of the CFD bank account and CyberTrade's profit and loss reports (Appendix 81 to Sarel's affidavit).
In addition, Rafi himself had access to the bank's accounts and the ability to extract data from the bank's application (Appendix 89 to Sarel's affidavit).
Moreover, Rafi confirmed in his affidavit that he also received partial documents from the accounting firm Steinmetz Aminoach & Co. and from the bookkeeper Sima Kedem (paragraphs 229 and 231). As it appears from the transcription of a meeting between Rafi, Yaniv and Sima (Appendix 92 to Sarel's affidavit), Rafi received a digital file from Sima that includes accounting files over the years and salary calculations.
In addition, as part of the document discovery process, the plaintiffs were given binders related to cybertrade and CFDs.
In these circumstances, the claim that Rafi is excluded from the companies' documents and bank accounts is inconsistent with reality as it exists.
The plaintiffs also did not prove the evidentiary damage caused to them, according to them, as a result of the alleged concealment of the documents. Beyond the general claim that they suffered evidentiary damages as a result, they did not point to concrete damage caused, and certainly not to damage for which the burden of persuasion should be shifted to the defendants' shoulders.
Therefore, their argument in this matter is rejected.
The "Sirin Labs" coin affair
- Since March 2017, there has been a business cooperation between Cybertrade and Yaniv and Oren through Opimotek.
- In January 2018, Yaniv offered Rafi to invest in various crypto ventures through the purchase of digital currencies. Rafi suggested that Sarel and Shahar join, and together they purchased a virtual currency called "Sirin Labs", in two rounds.
- After the acquisition, the value of the coin increased, generating a profit of about $3.5 million for the three of them. The coin was held by Sarel using a "digital wallet". According to Rafi, on January 22, 2018, he demanded that Israel realize the coins they had purchased at a profit, or sell his share of the coins, but he refused and suffered damage in the amount of about $1.2 million.
- Sarel and Shahar, on the other hand, claimed that they acted in accordance with the instructions of Yaniv, who had the authority to decide on the purchase and/or sale of the coins, and that he was the one who prevented the sale of the coins at the relevant time.
- WhatsApp correspondence dated January 22, 2018, which was attached to the affidavits of Rafi and Sarel (Appendix 114 to Rafi's affidavit and Appendix 31 to Sarel's affidavit), indeed indicates that Yaniv instructed not to sell the coins on that date. This is how it is written:
"Yaniv-Sarel, you can't touch anything until Wednesday.