I will begin with the lack of clarity, and on the face of it, the concealment, regarding Shabbat's role in Global - for this and already at the beginning of his affidavit, Shabbat testified that he "serves as a shareholder in Global alongside other shareholders." - What is his holding rate in Global? Who are the other shareholders? - He did not specify Shabbat. Shabbat also testified that he served as Global Director until 2013 (see his testimony on page 163, lines 1-4) - what did he do afterwards? Who replaced him in his position? - He did not specify Shabbat. In this context, I will note that as part of the proceeding, Block 15 - an agreement signed by Global with BDB was presented. This agreement was signed in 2012 (in which, ostensibly, and according to his testimony, Shabbat was still managing Global). A study of B/15 shows that on behalf of Global, two signed, one of whom was Yehezkel Shabbat, who is Shabbat's father and who was defined as one of Global's "Executive Director". This document first shows a lack of coherence between Shabbat's testimony that he managed Global until 2013 and the fact that the signatory of the document was his father (I will note that this agreement was signed by Shabbat himself as a director of BDB). In addition, the fact that he signed the agreement in the name of Global, Shabbat's father, indicates that on the face of it, Shabbat deliberately did not disclose who had replaced him as a manager at Global (insofar as Shabbat was indeed replaced in this position - a fact that is questionable, since, as noted, while he is ostensibly serving as a manager, his father signs the agreement with BDB in Global's name). I will note at this stage that the agreement that is the subject of P/15 ostensibly regulates a relationship between Global and BDB that is similar in essence to the alleged relationship between Global and OFM - since, even in the agreement that is the subject of P/15, Global ostensibly enters into an agreement for the provision of marketing services to BDB, which operates a binary options trading platform. Given that on the face of it, Shabbat served as a global manager (according to his own testimony) and at the same time as a director of BDB - it can be argued that this mask of separation between Global, which provides marketing services, and BDB, which operates the platform - all while there is one factor behind the two companies - was deliberately done in order to create a fog screen between the two companies. The aforesaid applies even more strongly given that, as stated, the signing of Global is made by someone else and not by Shabbat, even though on that date Shabbat served as Global's manager, in order to blur the closeness between the two companies. This modus operandi, i.e., the claim that Global only provided marketing services and the attempt to separate the two companies from each other, is similar in essence to the attempt to remove Global from OFM, as well as to the plaintiff's attempt to remove from BDB. This is given that here too it was claimed that Global only provided marketing services while the plaintiff contracted with another company - OFM, but here the matter became even more complicated in that the party with whom the plaintiff supposedly contracted was concealed both in the documents sent to the plaintiff and by the defendants. To this it should be added that at least two of the deposits made by the plaintiff are related to BDB, a fact that prima facie indicates a connection between OFM and BDB as well. From the aforesaid, it appears that with regard to Shabbat's role in Global - the percentage of his shares in Global and the dates on which Shabbat served as Global Director, as well as who replaced him in his position as Global Director - Shabbat took a partial disclosure (which is like a concealment) - in my view, deliberately.
- Moreover, I also found Shabbat's testimony and accordingly he stopped running Global in 2013 as unreliable. As for this, I will note what I have already mentioned - at the time when Shabbat allegedly served as a global manager, another signed as a manager on its behalf (and not another random - but Shabbat's father). To this, it should be added that contrary to Shabbat's testimony that he stopped managing Global in 2013, Shabbat himself testified that he was the one who decided (or at least took part in the decision) to close Global in 2016 due to regulatory changes. Moreover, Shabbat testified that after the company was closed, he stored all the company's documents at his parents' home in Moshav Basra. Thus, on page 187, lines 8-25, Shabbat testified:
"The witness, Mr. Shabbat Laurent: Everything was eventually stored in Moshav Basra.