According to the Probation Service, Defendant 3 coped over the years with a complex medical condition that led him to feel rejected and isolated. His low self-confidence led him to take actions that would help him feel a higher sense of self-worth, and he committed the offenses because of this, in order to feel a sense of friendship and to be a significant factor to others. As risk factors, the severity of his actions and his difficulties in recognizing the internal factors underlying them were noted; his difficulties in feeling empathy for the victims of the offenses; his tendency to downplay the severity of his actions, as well as his feeling that he was being exploited by the other defendants; Similarly, the criminal proceeding is concealed from its wife, when patterns of concealment and obscurity are evident. In addition, low self-confidence was taken into account; the conditions for its growth; and his son's medical condition, which makes it difficult for him to manage a proper and consistent schedule. As factors of chance, certain responsibilities were considered; lack of a criminal record; and changing his field of business in a way that reduces the economic temptations to which he was previously exposed.
In light of the above, the Probation Service is under the impression that the conditions for a significant therapeutic proceeding that may reduce the risk in Defendant 3's condition are not ripe, and its recommendation is to impose a concrete punishment that sets a boundary, taking into account his health condition and that of his son.
Evidence and Evidence of Punishment
- On behalf of the accuser, D/4 (IPS document regarding medical treatment) and D/9 (the criminal record of Defendants 1 and 2) were submitted; on behalf of Defendant 1 - D/6 (insolvency proceedings documents), D/7 (pay slips of Defendant 1's wife) and D/8 (documents relating to the children of Defendant 1). on behalf of Defendant 2 - D/10 (psychiatric opinion in the matter of Defendant 2 by the District Psychiatrist in a previous case); On behalf of Defendant 3, Dr. Michael Lubin (hereinafter: Lubin) and Ms. Osnat Guy (hereinafter: Ms. Guy) testified that their opinions were submitted (D/3 and D/5). In addition, D/1 (medical documents in the case of defendant 3), D/2 (medical documents regarding his minor son); and D/11 (documents of the insolvency proceeding).
- In Da/3, the opinion prepared by Daniel Lubin, a pediatrician and premature infant, who was a doctor in the NICU at the time of the birth of defendant 3, detailed a complex surgery that he underwent shortly after his birth as a premature child, and hospitalizations he underwent at a young age as a result of his medical condition, which will not be detailed in detail for reasons of privacy, as well as the restrictions in economic absorption due to his condition. According to the opinion, Defendant 3's illness "constitutes a danger that threatens his health at any given moment," and it is estimated that "there is a danger to his health if he is forced to make a real change in his lifestyle." In his testimony, Dr. Lubin stated that Defendant 3 is limited in certain aspects, especially with regard to nutrition, and stressful situations affecting him. According to him, even though Defendant 3 "lives like a healthy person," any change in his lifestyle could endanger him.
In his cross-examination, Dr. Lubin replied that he did not conduct a physical examination of Defendant 3 himself, but relied on a short conversation "half a minute, I asked him two questions" and on medical documents dated to 2022 at the latest. According to him, he asked for up-to-date medical documents and there were no hospitalizations, but only a few calls to MDA due to a difficult feeling. When asked about his acquaintance with the IPS medical system, which employs clinical dietitians, he said: "They have everything. I know that they employ a large medical system, but this is a very big medical risk." When counsel for the accuser presented Dr. Lubin with documents stating that the IPS was prepared to treat prisoners suffering from a complex medical condition (D/4), he replied that it was a general document, and added, "I think it is not desirable to reach a situation where they want to treat him...It is difficult to find an intestinal obstruction. These are things that can turn out very badly."
- In Da/5, an opinion prepared by Osnat Guy, a social worker who served for about 25 years in various positions in the field of care in the IPS until she retired, detailed the circumstances of defendant 3's life and his general and medical history. According to the opinion, defendant 3 fully cooperated, shared his inner world, his thinking was coherent, and he showed insight and awareness of the commission of the offenses and the basis for committing them. At the same time, it was noted that there was difficulty in dealing with and expanding on everything related to the emotional realm. The conclusion is that Defendant 3 has the ability to adapt and partially stabilize in various frameworks, and in the marital and family spheres there is stability alongside conflicts that are "poorly managed". It was noted that there was a great need on the part of Defendant 3 for the acceptance and approval of the environment, which had narcissistic characteristics. In addition, Defendant 3 has a tendency to impulsivity and has an external focus of control. Although she was not impressed by an empathetic failure, Ms. Guy noted that at the time of the commission of the offenses, Defendant 3 was focused on himself and his financial success and was unable to think about the consequences of his actions on the victims. She is impressed by shame and remorse for his actions, awareness of his wrong decisions, and motivation to function properly.
As to what was detailed in the indictment in his facts, it was noted that Defendant 3 stated that TradePro was presented to him in a different manner than what he later discovered (that it was not regulated by regulators) and that he claimed that he believed that the customers he recruited would enjoy better trading conditions, but even after he discovered the real conduct, he continued to act as he did out of significant distortions of thinking. It was noted that defendant 3 stated that at the beginning of the engagement he was not even told that the loss of customers in the trading arena would lead to his personal profit, but after he understood this, he continued to act in the same way. According to him, "I may have been dazzled by the money and the potential. I didn't plan to sting, it rolled around" and more: "The desire to prove to my wife, the desire to succeed where my father failed, the desire to raise my confidence." It was noted that defendant 3 said that he was trying to gain "status," and was swept away by financial success, and that "beneath this need hides a constant fear of disappointment with him." According to Ms. Guy, the basis for the commission of the offenses stems from emotional deprivations stemming from the circumstances of Defendant 3's life, and today he is able to identify, point out, and refute distortions of thinking at the time of the offenses.