All defendants released in Halil Falyalı criminal organization case

The first hearing held at the Ankara 20th Criminal Court of First Instance was attended by 13 detained defendants, including organization leaders Doğan Karakaya, Enes Güven, Erkan Koçak, and Baran Karaağaç, as well as some non-detained defendants and the lawyers of the parties. The presiding judge announced that the trial had begun and, following identity checks, gave the floor to the defendants.

Detained defendant Baran Karaağaç, known in the organization by the code name 'Aytekin', stated that he went to Cyprus to find work due to financial difficulties, saying, "I was told that I would receive a salary in dollars and that my insurance would be covered. They said I would work in the finance department of casinos. The work I did was to transfer money to individuals who generated earnings through accounts. I wanted to quit because I saw some suspicious transactions. However, I had to work due to financial hardship. During the time I worked, I did not obtain or receive any benefits other than my salary. Then I returned to Turkey. I do not know Halil Falyalı, whose name I learned after the investigation was opened. I regret the work I did."

Other detained defendant Doğan Karakaya claimed that he had nothing to do with any of the transfers carried out, stating, "My name appears in Excel files, I don't even have a computer of my own. It is claimed that there is money in my cloud wallet; if I had money, I would have withdrawn it," he said.

Taking the floor, detained defendant Enes Güven claimed that he had no connection to the incident and requested his release from the court.

Speaking upon the judge's permission, detained defendant Erkan Koçak claimed that he worked in the textile sector and that the money coming into his account came from the vegetable wholesale market, saying, "Because the textile sector closed during the pandemic, for a period I collected vegetables and fruits from villages and sent them to the Istanbul Bayrampaşa wholesale market. The vegetable and fruit business I did was paid in cash. A commission was deducted at the market, and the market paid that too. I do not accept the crimes charged against me. I request my release," he said.

DETAINED DEFENDANTS RELEASED

Following the statements of the defendants and their lawyers, the Public Prosecutor requested that the current status of the detained and non-detained defendants be maintained. The court then announced its interim decision, ordering the release of detained defendants Aykut Aydoğan, Bahri Dokuz, Baran Karaağaç, Doğan Karakaya, Enes Güven, Erkan Koçak, Firdes İşlek Güven, Güray Kıroğlu, Hasan Ay, Mehmet Muhammed Erişen, Selim Kahveciler, Seyfi Uslu, and Şeyda Çelik, while ruling for the removal of judicial control measures on the non-detained defendants. The hearing was adjourned to May 13, 2025.

INDICTMENT

In the indictment prepared by the Ankara Chief Public Prosecutor's Office's Smuggling and Organized Crime Investigation Bureau, the Ministry of Treasury and Finance and the Spor Toto Organization Presidency were listed as "complainants." The indictment explained that the criminal organization, of which Halil Falyalı, who was murdered in the TRNC on February 8, 2022, was the founder and leader, sent assets obtained from illegal betting to the bank accounts of organization members. According to the indictment, the money converted into crypto assets through bank accounts was transferred to the crypto currency wallets of Falyalı and 10 defendants through various transactions.

The report prepared by the Financial Crimes Investigation Board (MASAK) included in the indictment stated that 218 real persons deposited 2 billion 583 million 66 thousand liras in 118 thousand 148 transactions to 3 crypto currency exchanges, and withdrew 90 million 813 thousand liras in 4 thousand 462 transactions. Thus, it was determined that 2 billion 492 million 252 thousand 664 liras were deposited into the crypto currency exchanges in question. It was stated that the accounts subject to the crime had transfer relationships with each other at very short time intervals, that these transfers were not one-way but proceeded in mutual and cross-relationships, and that the accounts were used in short time intervals and then closed. Due to the timing of the transactions in question, it was determined that they could not be performed by human labor and that the accounts were operated through software.

The indictment, which includes information that Falyalı, who opened an account on the crypto currency exchange on November 26, 2020, had a balance of 642.3 Bitcoin, determined that 40 Bitcoin were withdrawn from Falyalı's account by his wife Özge Taşker Falyalı after his death. It was stated that the proceeds of crime obtained from illegal betting and games of chance played abroad by the founder, managers, and members of the criminal organization were laundered in Turkey through banking transactions, companies, and crypto asset exchanges via those helping the criminal organization.

UP TO 51 YEARS AND 9 MONTHS OF IMPRISONMENT REQUESTED FOR DEFENDANTS

In the indictment, it was reported that the investigation condition regarding Falyalı was removed due to his death on February 8, 2022, but in accordance with the provision in the Turkish Penal Code, "If the defendant dies, a decision is made to drop the public case. However, the case may continue regarding items and financial benefits subject to confiscation due to their nature, and their confiscation may be ruled," sufficient evidence was obtained to create suspicion for the opening of a public case regarding the confiscation of the earnings in his bank accounts, payment institutions, and crypto asset service providers obtained from the crime he committed.

While up to 51 years and 9 months of imprisonment were requested for the defendants for the crimes of "establishing and managing an armed organization for the purpose of committing crimes," "laundering assets derived from crime," "Opposition to the Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions," and "knowingly and willingly aiding the criminal organization without being a member," 19 companies belonging to the defendants were also held financially responsible for the charged crimes.