In addition to the online representations, the defendant presented his clients with misleading representations in other ways designed to persuade them to trade in Pepperstone. Later I will detail the matter in connection with the various representations that the defendant presented.
- The evidence testifies to the fact that the marketing content was edited by the defendant, at least with his knowledge, and he took an active part in its formulation. The defendant himself confirmed that he published the various publications and even paid for them (see the documents attesting to payment for advertising services: P/34 - payment invoice for Facebook; and also P/136, p. 158). The defendant's statements in his testimony in court, in which he tried to assign responsibility for the content of the publication to a professional he hired for this purpose, not only do not absolve him of responsibility, but also testify to his involvement in the content of the publication that was intended to promote his needs (P. September 10, 2025, pp. 444-445). Moreover, the defendant's words are inconsistent with the picture that emerges from the exchange between him and Yair Asulin, the professional who was engaged in the design of the representations on his behalf (see P/136). The defendant's statement that a distinction must be made between a "legal contract" and a "marketing message" should also be rejected, and his statement that it was implied that there was no problem that the publication would include false representations should also be rejected (P. 9.2025, p. 404, paras. 1-10).
- The indictment alleges that the defendant presented the clients with misleading representations regarding three issues: a) his expertise, training and experience in the field of capital markets; b) the yield that can be achieved through the robot; c) The fact that his activity is legal. Below we will discuss the representations in relation to each and every subject, but before that, we will note that in his interrogation at the RNA, the defendant confirmed that he had made misleading representations, and he even expressed regret about it, stating: "... I was in a very difficult time, I was trying to make a living, to support myself, my family, my children... If it were possible to turn the wheel back, I would turn it back" (P/4, p. 130, s. 1 onwards). At the same time, the defendant stated in the notice that he did not promise a return (P/4, p. 132, Q. 6 onwards), but this is inconsistent with the representations.
Representations regarding expertise, training and experience in the capital market
- According to the indictment, the defendant presented the clients with a number of representations regarding his expertise and alleged experience. He presented himself as a veteran professional trader in the capital market, with advanced degrees in economics and business administration, and also gave clients representations that he was an expert in gold trading, was familiar with robotic trading, and had been engaged in it for several years. In practice, the defendant had no degrees, never traded professionally in the capital market, had no formal training in the field, and traded using the robot for only a few months.
- On the landing page (P/10) the following were noted, inter alia:
"I have an excellent solution for you -