New development in the Sezgin Baran Korkmaz case: 'It could have a negative impact'

The trial of SBK Holding owner Sezgin Baran Korkmaz, 10 other individuals—including 3 foreign nationals—and related "civilly liable" companies, on charges of "laundering assets" obtained through illicit gains from the US, has continued.

Attorneys for the parties attended the hearing at the Istanbul 10th Criminal Court of First Instance.

The presiding judge stated that a response had been received regarding the request for legal assistance sent to the US to obtain the defense statements of the defendants currently in the US: Sezgin Baran Korkmaz, Jacob Ortell Kingston, and Levon Termendzhyan.

"IT COULD HAVE A NEGATIVE IMPACT"

According to the response from the US Department of Justice's Office of International Affairs, requests to obtain information regarding all crimes for which the defendants are being investigated, the nature of their statements, whether there were any illicit account transactions, whether restrictions were placed on their assets, and to take the defendants' statements in the US, were noted to be related to the ongoing criminal proceedings in the US.

The letter stated that the fulfillment of these requests has been postponed, taking into account the agreements between Turkey and the US, and emphasized that fulfilling the requests would have a negative impact on the ongoing proceedings in the US.

The letter noted that the US is sensitive to the assistance requested by Turkish authorities, stating, "The Department of Justice is prepared to make every effort to execute these requests within the earliest possible timeframe. We will continue to keep you informed regarding any relevant developments."

During the hearing, the attorneys for the parties were asked for their comments on the US response.

Volkan Dülger, one of the attorneys for defendant Korkmaz, argued that the current case is a replica of the file in the US, and requested that the court wait for the outcome of the US proceedings, noting that the two countries recognize each other's decisions due to existing agreements.

Ahmet Susoy, another attorney for Korkmaz, stated that his client was released in the US case on the condition of a travel ban and that his hearing is scheduled for April 28, adding, "If the travel ban is lifted, my client wants to come and attend the hearing here. We request that the arrest warrant issued for him be lifted."

Attorneys for the other parties requested the lifting of precautionary measures on the companies and defendants, as well as judicial control measures.

Announcing the interim decisions, the presiding judge stated that the request to take the defense statements of defendants Sezgin Baran Korkmaz, Jacob Ortell Kingston, and Levon Termendzhyan in the US had not been fulfilled by the relevant country, and ruled that no action would be taken at this stage to obtain the defense statements of these defendants.

The court decided to send a letter to the Ministry of Justice to inquire whether the ongoing proceedings in the US against defendants Korkmaz, Kingston, and Termendzhyan have concluded, rejected the attorneys' requests, and adjourned the hearing to October 3.

FROM THE INDICTMENT

The indictment prepared by the Istanbul Chief Public Prosecutor's Office's Terrorism Crimes Bureau seeks prison sentences ranging from 3 years to 7 years and 6 months for defendants Sezgin Baran Korkmaz, Alptekin Yılmaz, and Olessia Zoubkova, who have outstanding arrest warrants, as well as non-custodial defendants Kamil Feridun Özkaraman, Ayşe Nil Yılmaz, Bereket Öner, and Ziyaattin Bartik, on charges of "purchasing, accepting, possessing, or using assets that are the subject of a crime, knowing their nature."

The indictment also seeks prison sentences ranging from 4 years and 6 months to 10 years and 6 months for US-national defendants Jacob Ortell Kingston and Levon Termendzhyan (Lev Aslan Dermen) on charges of "subjecting assets derived from a crime to various transactions for the purpose of taking them abroad, concealing their illicit source, or creating the impression that they were obtained through legitimate means." It further requests a prison sentence of 1 year and 6 months to 3 years and 9 months for non-custodial defendant Doğa Doğan for "aiding and abetting the laundering of assets derived from a crime."

The indictment requests the forfeiture of the financial benefits and economic gains obtained by these defendants if they are convicted, and also seeks a decision to cancel the operating licenses of 6 companies, including SBK Holding, which are identified as "civilly liable" legal entities.

Furthermore, according to the "laundering investigation" report prepared by MASAK, the indictment requests the forfeiture of Komak Isı Yalıtım Sistemleri Sanayi ve Ticaret Limited Şirketi and Mega Varlık Yönetim AŞ, as there is substantial evidence that these companies were used in the crime. It also requests the forfeiture of 42,500 Kazakhstani tenge, 3,320 euros, 11,340 liras, 400 pounds sterling, and 9,415 dollars seized during a search at Mega Varlık Yönetim AŞ.