Thirdly, it has not been proven before me – on the contrary, it seems to me that the opposite has been proven, that the defendant's representatives explained to the clients, including the plaintiff, the essence of the engagement; the risks inherent in it, in general and in any investment channel in particular; the terms of the engagement and in particular the existence of conditions for its termination. The plaintiff was forced to disclose these things retroactively, first after she lost her money; then when she began to be presented with demands regarding "bonuses" that were made available to her without her request, and finally, when she was forced, as a condition for saving a small part of the money she had invested, to sign a non-claims agreement, which was fraught with details and discriminatory.
Ms. Michal Assis, a former employee of defendant 1, a kindergarten teacher with a degree in behavioral sciences, whose job it was to conduct the initial sales call, was called to testify by the prosecution. She was asked what was explained to the customers during this conversation, the purpose of which was to get the customer to deposit the first amount of money. Her answers were not consistent with giving a comprehensive explanation to the customers – an explanation that, had it been possible, the sales representatives would certainly have been required to memorize carefully first, that they were asking the latter for their money:
| "Counsel for the plaintiff: | If the customer were to ask, let's say, 'What does this company do? What is her knowledge?' What would you explain? |
| Ms. Assis: | I don't remember being asked anything like that. |
| Counsel for the plaintiff: | And what did the customer actually understand, or what was he told about the fact that you are an account manager who calls him? |
| Ms. Assis: | I don't understand the question. |
| Counsel for the plaintiff: | Let's say, you're calling a customer in the same initial sales call. What do you tell him about what you do, about your role? |
| Ms. Assis: | My job is to help him make the initial deposit so that he can start trading. |
| Counsel for the plaintiff: | Actually why would he do that? Who are you? What are you? What did you actually explain to him? |
| Ms. Assis: | I don't remember. |
| Counsel for the plaintiff: | What did you explain to the customer about what you are profiting from? How does the company make a profit? |
| Ms. Assis: | I don't remember" (Transcript, p. 5, s. 4). |