Caselaw

Civil Case (Tel Aviv) 45944-12-20 Helen Travis v. Global Guardianship Technologies (2010) Ltd. - part 42

June 23, 2025
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I also determined that the continuation of the mask of concealment revolved around the use of "stage" names for Global employees during the communication between them and the customers.  With regard to this, I determined that the very use of stage names in general and foreign names in particular, constitutes part of the representation that this is not an Israeli company but a foreign company - a representation which, according to the plaintiff - which was not denied, is intended to support the representation that this is a regulated corporation and not an Israeli corporation.  In addition, I determined that the fact that these are stage names and not real names also leads to the difficulty of identifying the one human factor that was in contact with the customer.

In addition, it was determined that the plaintiff was presented with representations according to which this was a safe investment, that OFM entered into agreements with leading companies - a fact that could lead to substantial profits for the plaintiff - and that her money was protected.  In this context, I detailed that, inter alia, the plaintiff was presented with a representation according to which bonuses were deposited into her account that guarantee her money, but in practice, the possibility of withdrawing the bonus was not realistic and therefore, it is only that the purpose of depositing the bonuses and presenting them as guaranteeing the clients' account is intended to incentivize the customers to continue to invest large sums of money and to actually risk their money.

Moreover, it was proven that even to the extent that the plaintiff carried out the trading activities herself - the trading actions carried out by the plaintiff were based on recommendations given to her by Collins and with a representation that these were recommendations of the company's analysts.  In this context, I also gave credence to the plaintiff's testimony according to which Collins made a representation to her that he was an economist by training and that he had been working for the company for seven years and that he had an interest in the plaintiff making a profit - that is, that there was a congruence between his interests and hers.  In addition, I relied on the plaintiff's testimony according to which she was presented with a representation that the company with which the plaintiff contracted, is a company operating from Hong Kong and is going to move to London - both places where trading platforms are regulated as opposed to Israel, which at the relevant times was not supervised in trading in binary options of foreign residents.

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