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."
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