Civil Case (Tel Aviv) 43510-07-22 Guy Binder vs. Daniel Shmuel Elmaliah

Before a motion to dismiss the statement of claim due to lack of international jurisdiction in Israel, and alternatively to delete it.

1. In the background of the motion - a lawsuit filed by the plaintiffs - Mr. Guy Binder and Mr. Ran Weiss (hereinafter: the "Plaintiffs") against Mr. Daniel Shmuel Elmaliah (hereinafter: the "Defendant") - who is indisputably an Israeli citizen residing in the United States - and is the owner of Defendant 2 - Intelligent Mining Ltd - a company registered in the United States (hereinafter: the "American Company") - and of Defendant 3 - Intelligent Mining Ltd (the "Gibraltar Company") (the Defendant, the American Company and the Gibraltar Company, hereinafter and collectively, the "Defendants").
2. In summary, according to the plaintiffs in their statement of claim, the defendant is an investor and trader in the crypto field with many years of experience, whom they met through a mutual friend in February 2021. It was alleged that the defendant offered the plaintiffs and others to invest in the establishment of solar farms for the purpose of mining Bitcoin and for the purpose of issuing a new currency, which he intended to issue in the United States, under the name of iM (hereinafter: the "New Currency").  According to the plaintiffs, in order to receive the plaintiffs' money illegally, the defendant presented them with many false representations, and accordingly, inter alia, the investment will be managed in the American company; the issuance of the new currency and the establishment of the solar farm are expected to take place within a short period of time; the defendants have assets, contracts and collaborations that will enable the issuance of digital currencies at a very high profitability; the defendants have an area in Arkansas, which will be used for the construction of the solar data farm; the American company has an agreement to receive electricity for a significantly lower amount than the market price; all regulatory approvals have been lawfully received; and The investment will be used solely for the construction of the solar farm, the purchase of equipment required for mining and the issuance of the new currency.

According to the plaintiffs, in light of the false representations made to them by the defendant, they were persuaded to invest in the new currency and transferred to the American company a total of $30,000 (U.S.  dollars) and a total of 17,262 ETH (hereinafter: the "Investment Amount").