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Civil Case 9833-06-20 Thorwartl v. Infantiva Marketing Israel in Tax Appeal 21 inJuly 2025 - part 2

July 21, 2025
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According to the instructions given to her by these two representatives, the plaintiff began to deposit money in her account and the representatives carried out trade for her.  The plaintiff even took out a loan in her bank account, in the sum of €5,000, so that she could transfer more money.  An email sent by the plaintiff to a representative of "Ben" implied that she was under constant pressure to deposit more and more money into the account.  The plaintiff found herself having to explain: "More money will be deposited soon but it will take two to three weeks" and "I trust you and your knowledge of the market at this moment I cannot deposit any more money, it is too high a risk for me because I have to pay monthly bills"; "I'm happy with the business relationship with you and see the potential, but I just can't right now!!."  The plaintiff further explained that due to difficulties in the validity of her passport, the bank would not approve another loan for her, but she sought to reassure her: "If I can raise the money, I will do it, and I will do it, but I have to make a few phone calls" (Appendix II to the plaintiff's affidavit).

When she checked the account on April 26, 2017, the plaintiff discovered that all the money she had deposited up to then, more than $21,000, had gone down the drain.  She was horrified and wrote to her contact with the defendant that she wanted him to find a solution to cover the losses.  It was then contacted by a new representative, a man named "Giovanni Spiro".  In an email titled: "Great news!!", he wrote to her, in English translated below, that "in light of the status of your account, we are receiving amazing bonuses" and that "our positions are on the rise and I want to push it forward as far as we can."  The representative warned that "we have limited time to make the bill profitable" and therefore "we have to push ourselves to the limit."

In practice, it was the same "end" – a request that the plaintiff put more money into her account "in the next two or three days in order to continue receiving the high bonuses and profits."  "Giovanni" showed understanding of the plaintiff's tight financial situation but emphasized that the additional investment is "a very important step on the road to the recovery of the account."  The appeal ended with an excited call, full of uppercase letters and exclamation marks: "I TRUST YOU CAN DO IT - WE MUST!!!(Appendix IV to the plaintiff's affidavit).  When the plaintiff replied that she was at the end of her power and would not be able to deposit any more money before she saw profits, and asked to slow down: "Step by step," the representative replied: "I understand, but we are in a situation where we need to push forward and we don't have much time.  We will go step by step after you reach the losses.  We need liquidity in the account and I need you to be with me" (Appendix V).  When the plaintiff wrote that she was waiting for the bank's approval for another loan, the representative wrote in bold letters: "Call the bank and ask to confirm, we need the money to trade today" (Appendix VI).  "Call the bank and get the approval," the representative repeated and demanded, but at the same time, offered a "candy": if she continued to deposit money, the plaintiff would get to work with an "amazing person", a broker named "Al Rogan", with whom it is a "huge privilege" to work and he would prepare "an extra strategy" for the plaintiff (Appendix VII).  What is that extra strategy, I did not learn this from the material presented to the court.

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