Buskila testified that he understood from the defendant that the level of risk was relatively low (February 26, 2023 , p. 263, paras. 4-6). As for the exceptional situations, the witness noted as follows: "I remember 6 situations. Aliyah, a moderate ascent... of the market itself and only in a situation of sharp decline can it lose, and even that, it is a situation where it cannot make a profit but it can... Restraining himself and stopping... to give orders to buy or sell, and then in this way we will neither profit nor lose" (P. 267, paras. 17-20; See also P/76, pp. 30-31, which documents a WhatsApp conversation between the two in which Buskila asks a direct question and the defendant gives an evasive answer). The witness further noted that in the publication he saw a promise of returns of 25% (P. 26.2.2023 , p. 268, paras. 5-9).
Buchnik noted in his testimony that he understood from the defendant and from the publications that there was a guaranteed profit of 25% (P. 26.2.2023, p. 286, s. 4). In P/92, pp. 5-6 (WhatsApp exchange between the defendant and Buchnik), the defendant writes: "I am sending you a reminder to contact me at 17:00 and suggest that you do not eat your heart and do not feel a sense of missing out due to the crazy rise in gold prices"; Buchnik responds: "Can you promise me such a return even in two months?"; The defendant: "I've been talking about it since the beginning of the year. I can too. It's just for those who understand." At the same time, it should be noted that during his testimony, the witness confirmed that he knew that he would lose his investment, but not because the defendant told him this, but because he had been "trading in this field for years" (P. 26.2.2023, p. 286, paras. 27-35; p. 292, paras. 7-14).
Yechiel testified that the defendant reiterated that while there is a risk, the risk is zero, because "the robot sells and buys, it also knows how to make the separation, if it loses, it knows how to stop investing, and therefore it is zero"; The witness further noted that the defendant said that there were already clients and that none of them had lost (P. June 22, 2023, p. 355, paras. 9-13). The witness further stated in his testimony that the defendant promised a return of at least 25% on the money he invested (P. June 22, 2023, p. 372, paras. 5-13).