Elsewhere the defendant says:
"Some [of the customers] are using some form of passive income. They put a sum of money, let the robot work, at the end of the month they withdraw the profits, leave the fund and that's how they create passive income for themselves month after month... " (P/168; p. 3, s. 19 ff.).
(See also P/156, p. 2 - Conversation with a potential client named Sigal; P/158, p. 1 Voice message sent to a potential client named Ron; P/131, correspondence with a potential client (message dated January 4, 2019 - P/150, pp. 7-9; P/159, p. 2 sifa onwards)).
- In his written summaries, the defendant claimed that he said "potential" and not "promise." During his interrogation at the NAA, the defendant claimed that in his conversations with the client, he clarified "the data that he must take into account..." And I say to him, "... that it is possible to reach [the yields]", but he does not guarantee what returns can be reached (P/4, p. 256, paras. 4-12). This was the second announcement that was taken several months after the first interrogation. However, in the first announcement he stated that he promised a return of about 10-20% (P/2, pp. 256-259). In addition, the testimonies of the clients who testified in court indicate that he promised them returns of 20-25%. Moreover, in his first interrogation, the defendant claimed that he had made the presentation regarding the returns after he had examined the issue empirically and performed a "back test", but later it appears that he retracted this claim. This is how things went:
"[The defendant]: ... When you check on historical data, you can choose some set of parameters in the robot.
[Investigator]: From January 1, 2019 until today.
[Defendant]: That's right. You can do.
[Investigator]: Say 20% on all the cases you manage?
[Defendant]: You can do a date range...
[Interrogator]: On all... I asked a simple question. What - 1.1.2019 and until today, if you take all the clients you manage, have you made a 20% return?