Moti Ben-Moshe's Extra Holding GmbH subsidiary Extra Energie GmbH denies the claims by Nochi Dankner that a German regulator is investigating the company, and calls the accusation a "libel". "It is difficult to imagine a greater abuse of the legal process: Dankner's action is solely intended to do harm," says the company in its response to the Tel Aviv District Court.
Extra Holding says that it has rulings by Germany's Federal Network Agency (BnetzA), which regulates the electricity market, documents signed by the company's auditor BDO, certifications from top German law firms and tax consultants, invoices, and opinions on German and European law. It says that these documents prove that Dankner's allegations are baseless. Extra Holdings did not append the documents to the court statement, saying that it would submit them to the court at a later date.
"BnetzA states that there has never been an investigation in the matter alleged by Dankner's aides, and that there is no other investigation in any other matter against the company," states Extra Holding. "The information provided by BnetzA to Extra's auditor further states, 'There is and has been nothing in the matter of Extra Energie any indication or information that would require an investigation or examination of any kind into the financial soundness, technical conduct, or conduct of the officeholders in Extra Holding.'
"There is and has been no suspicion or concern that Extra or Moti Ben-Moshe engaged or is engaged in money laundering as alleged in the false affidavits filed by Dankner - about which Extra notified the authorities in Israel in real time. There is and has been no suspicion or concern that Extra Holding and its managers have been involved in VAT offenses. The Dusseldorf tax office, the company's tax consultant firm, and the company's auditor, BDO, all state in writing that 'no flaw was found' in Extra Energie's activity.
Extra Holding states, "Dankner is making misleading and baseless allegations to the court and the review team (a joint team of Israel Securities Authority, the Official Receiver, and the court-appointed observer) that they were negligent or erred in the review, without having read the report, which has not yet been released."
Dankner's attorney, Adv. Shmuel Cassouto, said in response, "As we expected, Extra is not responding to the content of each of the problematic facts presented to the court. As the investigation by Black Cube shows, and in complete contrast to Extra's claims, the German regulator as well as the German tax authorities are investigating the activity of Extra in Germany, because of serious concerns about its activities. Matters will be quickly clarified by the court."