On the fourth level, it was alleged that Epstein took advantage of the company's business opportunities and held direct competition with the company through Brands. Thus, it was claimed that Epstein approached the supplier in order to market the K-WAY brand, which the company was supposed to supply, and contracted with him through Brands, and it was also claimed that Epstein sold brands in Israel to another customer of the company.
On the fifth level, it was claimed that the company would operate an Instagram account through which it conducted marketing activity in temporary sales stores (Pop Up Stores) – but Epstein copied the activity to Brands. On the sixth level, it was alleged that Epstein used the company's credit card for his personal needs, financed his wedding, purchased a plane ticket to Israel for the purpose of the current legal proceeding using the company's credit card, and canceled his personal guarantee of the company's obligations to the bank.
Chen's request was rejected mainly for reasons of delay, but it included determinations regarding alleged wrongful acts committed by Epstein that could compete with and harm the company's business. Among other things, the decision included the following determinations:
"In the totality of the evidence, there is a message dated August 22, 2023 sent to the company by a representative of one of the company's suppliers (an Italian supplier named Cuccuini), in which she noted that she had been brought to her attention by Epstein that Mazal Tov was expected to end its operations and would be liquidated by the end of the year, and for this reason the supplier does not intend to deliver orders from the company... Similarly, St. Berth announced on August 5, 2023, that it would not supply goods to the company in the future... It should be recalled that St. Barth's company supplies products of the MC2 brand, which was marketed in Israel by the company. Parallel to these events, there is prima facie evidence that Epstein began selling the MC2 brand in Israel to one of the company's customers (Factory) as well as to a clothing store in the city of Hadera through Brandes (see Appendix 7 to the application, which indicates the existence of a business relationship that included ordering goods between St. Barth and Brandes). There is also evidence that Epstein marketed Brandes' activities through Mazal Tov's Instagram account, as well as used the company's resources for the company' s needs...This evidence indicates that while the company exists and the parties have not separated, Epstein is taking actions that are capable of competing with the company and harming its operations. Moreover, there is evidence indicating that Epstein took advantage of the company's business opportunity for his own needs (Appendix 9 allegedly indicates an attempt to engage with the supplier K-WAY other than through Mazal Tov back in January 2023)."