MagShoe
12 years ago
Personal Claim against Adv. Doron Afik
Due to the Trustee's refusal to transfer the escrow funds relating to the two remaining Consortium Agreements to the Company, the Company believes the Trustee breached his duties as Trustee and caused damage to the Company. Therefore, on June 9, 2011, the Company filed a statement of claim for damages of NIS 1,000,000 against the Trustee, along with an ex-parte motion for a lien on all of the Trustee's bank accounts.
On June 16, 2011, the court rendered its decision granting the lien subject to the Company depositing certain securities. The Trustee then filed a motion to cancel the lien and the court decided to transfer the proceedings to the District Court, but that the lien would remain in effect until a decision by the District Court. The District Court for Tel Aviv-Yaffo ordered the removal of the lien, and later on at the parties' mutual request, the court ordered to transfer these proceedings to arbitration.
On November 10, 2011 the Company submitted its statement of claim against Adv. Afik to the Arbitrator, in the same form as previously submitted to the court.
On January 15, 2012, Adv. Afik submitted his Statement of Defense to the claim against him, denying all of the Company's claims against him. Also on January 15, 2012, Adv. Afik submitted a counterclaim against Optibase, or the Afik Counter-Claim. In the Afik Counter Claim Adv. Afik demands to receive an aggregate sum of NIS 2,474,693.18 from the Company. Adv. Afik's claim is based on three main claims: (i) The Company's response to an article published in the website www.sponsor.co.il constitutes libel against Adv. Afik for which he is owed damages of NIS 500,000; (ii) By obtaining liens on Adv. Afik's assets, the Company caused Adv. Afik damages of NIS 1,465,494.46; and (iii) That a publication about the liens obtained on Adv. Afik's assets also constitutes libel against Adv. Afik for which he is owed NIS 509,198.72.
The Statement of Defense on behalf of the Company was submitted on March 4, 2012.
Evidentiary hearings on the Vitec Arbitration are scheduled for July 8-10, 2012.
We believe that the Company has strong legal and factual arguments to defend itself from the claims in the Afik Counter Claim.
http://sec.edgar-online.com/optibase-ltd/20-f-annual-and-transition-report-foreign-private-issuer/2012/04/30/section14.aspx
MagShoe
12 years ago
Doron Afik and Shlomo Turgeman
Suit for $ 30 MS against somethin 'Association bus - Turgeman for granted representation in transactions with Eli ReifmanWinton and Company Double U trading fund, the firm represented them, argue that the firm allowed Reifman Vatrsloto get them $ 6.3 million fraud 04/19/2012, 16:37 These Levi - Weinryb inShare1 tracking issues >> me Riifmnambliizdoron Aficointon Kfitlrslnotafik Torg'mnslomi Turgeman "Actions and omissions of the attorney Doron channel, as a lawyer and trustee, prosecutors revealed the acts of deceit of Eli Reifman, leaving them without proper legal protection against these acts even without the ability to act in time to minimize their damage. Reifman's deceit is not the result of exceptional sophistication on the part of Reifman, that if the result of negligent conduct on the part of Mr. Bus "- so say the company and Winton (WINTON CAPITAL HOLDINGS), and U Double fund trading, the lawsuit of $ 30 million submitted by the morning (the ') to the district court in Petah - Tikva against bus law firm - Turgeman.Reifman, founder of Emblaze, a lecturer four years in prison after being convicted of it spent $ 6.3 million fraud from Winton and Double U trading fund, through presentations - false by which he holds about 9 million shares of Emblaze. Companies now claim that deception made possible by representing the attorney's negligent bus office - Turgeman.Plaintiffs allege that the attorney was negligent representation bus procurement transactions and loan stock with forged Reifman. According to them, Attorney bus was negligent by making the fund transfer Reifman $ 3 million in exchange for the purchase of shares in Emblaze, causing company Reifman Winton lend $ 3 million for work Emblaze shares benefit - all at Reifman shares not held at that time.The second lawsuit is served against a law firm on grounds of negligence in representing deal with Reifman. Earlier this month I submitted a Narcissus, who formerly known as the "King of the Gray Market", a claim of $ 73 million District Court entrance - hope against the law firm of Goldfarb - Seligman. However, claiming that the firm was negligent representation of a loan transaction with Narcissus Reifman. According to Narcissus, the lawyers were negligent in that office he and his partners made a deal to loan company owned by Reifman INVICTA $ 6 million for work Reifman Emblaze shares, at Reifman shares not held.Ignoring warning signsThese are two separate claims, each totaling 15 million, were consolidated and submitted jointly. The first claim of Double U trading fund and CEO, Isaac Winehouse, submitted by the law firm of Gross - Kleinhendler - Hodak - Halevy - Greenberg, alleges that in January 2009 entered into an agreement to purchase approximately 9 million shares of Emblaze Reifman return to $ 3 million .According to the fund, Attorney channel represented by the transaction, presented himself as the great attempt such transactions, and promised that the deal will give the fund a full and complete protection. Argues that this agreement Advocate channel value also served as trustee, and transferred the task force Reifman value - as opposed to the rules of the trust agreement and before the promised rights."Failed miserably channel position," reads the lawsuit. "A partial list and non-exhaustive list of acts and omissions include, among others, the failure in terms of status and the actual conduct of the shares acquired in the transaction, the failure to determine the defense mechanisms provide the rights of the plaintiff Procurement Agreement and the agreement of loyalty and disregard appeals concerned the plaintiffs and the warning signs of the many that appeared throughout the affair . conduct of the channel is left by the plaintiff without protection, allowing Rifman 'be acceptable'. "The second lawsuit filed Winton company, registered in the Virgin Islands, through the lawyers and Efrat Meir Heller Packer from the lawyers E. Landau. Winton was a police complaint filed against Reifman, which led to his conviction.According to the Company in February 2009 loan agreement was signed between Reifman, which lend the company $ 3 million Reifman, when slavery was secure repayment of 9 million shares owned by the Emblaze Reifman.According to the company, Mr. channel served as a trustee for the benefit of Winton, and was supposed to transfer the loan funds only after receipt of the appropriate margin. However, it is argued, Attorney bus passed the loan payment, without ensuring that the shares actually held by Reifman and without the necessary collateral ."Attorney bus was negligent in that he knew or should have known, prior to release of loan funds Reifman, that the safest stocks do not exist or that there is doubt about the existence, and yet not investigated the matter and warned that Winton," reads the lawsuit.The claims were filed against the attorney's partner channel, Mr. Shlomi Turgeman, and the partnership who own, bus law firm - Turgeman. Another defendant insurance company Harel, ensuring the firm's professional negligence cases."Wave of lawsuits"From the bed - Turgeman said: "This is another case in a wave of claims filed on - by Reifman's disappointed creditors, knocking on doors law firms (probably because they are insured). We will respond to the court after we receive the statement of claim. We note only that in the past has been submitted on - by the police complaint Bus attorney for trying to blackmail, Reifman and related case to the parties involved ".Globes for familiarity - all stories, articles and opinion columns for you every night >> Where
http://www.globes.co.il/news/article.aspx?did=1000742548
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