In his testimony, Kehat noted that the defendant provided a lot of information and even presented him with the accounts of other customers who were making profits (P. February 26, 2023, p. 194, paras. 16-24). The witness stated that the defendant presented him with a return of at least 25% (P/99; p. 191, s. 28). In P/99, which is a recorded notice sent by the defendant to the witness, it clearly shows that the defendant made a representation regarding a return of 25% "or even more" (see also P. 26.2.2023, p. 192, paras. 7-9). At the same time, it should be noted that the testimony of the witness indicates that he was proficient in the method of trading and was aware of the risks and therefore did not try to impose the responsibility for the loss on the defendant (P/95, pp. 50, 72 (WhatsApp correspondence between the defendant and the witness)). However, the witness explained in his testimony that although he understood that there was a small risk, in retrospect it became clear to him that the risk was high (February 26, 2023, p. 193); The witness noted: "What I remember that he did say that there are risks, I cannot say that he did not... He did say that there were risks, but it seemed too good to be true, it was so good that the chances of the risk were very small" (P. 26.2.2023, p. 199, paras. 22-24).
In his testimony, Asa noted that the defendant had indicated to him an annual return of 25% and that the risk was minimal and even minimal, and explained that the robot "knows how to capture 80% of the market, and for the remaining 20%, its system knows how to get out of these transactions" (March 8, 2023, p. 298, paras. 1-8; p. 316, paras. 18-21). The witness also noted that the defendant did say that there is no security for anything, but he has a defense system that he knows how to put in the right places, that even in situations where the market is falling quickly or rising quickly, the account "knows how to throw himself out, and that's how he protects himself from loss." (March 8, 2023, p. 301, paras. 18-32). For the sake of completeness, it should be noted that one can find a statement by the defendant that "the more profitable the strategy, the more dangerous it is" (P/107, pp. 44-45).
- In addition to the videos and the landing page, there is additional evidence that strengthens the accuser's claim regarding the representations that the defendant made individually to the clients. During the investigative activities carried out by the RNA, an official on behalf of the Authority (under the name Dudu Micha) who posed as a potential client contacted the defendant and during the conversation the defendant said, among other things:
"The returns you can expect from this robot are between 10% and 20% per month and it depends of course on the volatility of the market, it depends on the risk, it depends on all kinds of factors so I can't really promise you that it will give you a return of 10 to 20 percent, I can only tell you that this is more or less the average is what you can expect from it..." (P/ 168, p. 3, s. 10 ff.).