New development in the Seçil Erzan case: Appeal rejected

Müslim SARIYAR/12punto.com.tr

The trial of former Denizbank branch manager Seçil Erzan, who defrauded famous figures in the football world by creating an imaginary fund promising high returns, continues to remain on Turkey's agenda.

In the "high-yield secret fund" case, where Erzan faces up to 226 years in prison, the court has rejected the appeal filed by 13 complainants against the decision of non-prosecution for the crime of "banking embezzlement."

The appeal was evaluated against the non-prosecution decision, which was stated to have been issued based on the Banking Regulation and Supervision Agency's (BDDK) ruling that "there is no ground for a written application to be made."

The Istanbul 4th Criminal Court of Peace decided to reject the appeal.

The decision stated that the investigation and prosecution of crimes specified in the Banking Law are conditional upon a written application to the prosecutor's office by the BDDK or the Savings Deposit Insurance Fund (TMSF), noting that this matter constitutes a condition for prosecution.

The decision recalled the prosecutor's office's ruling of non-prosecution on October 19, and stated that in light of the BDDK's letter stating that "there is no ground for a written application to be made within the scope of Article 162 of the Law," the condition for prosecution had not been met and the appeal was found to be groundless.

APPEAL FILED BY THE LAWYERS OF 13 COMPLAINANTS

In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, the lawyers for 13 complainants had appealed the non-prosecution decision issued regarding 11 suspects, including Seçil Erzan, for the crime of "banking embezzlement," based on the BDDK's ruling that "there is no ground for a written application to be made."

The lawyers for complainants Burhan Taşpolat, Bülent Çeviker, Emrah Çolak, Emre Belözoğlu, Emre Çolak, Evrim Pınar Güzel, Musa Mert Çetin, Nestor Fernando Muslera, Selçuk İnan, Uğur Gözaçan, Volkan Bahçekapılı, İbrahim Kocabaldır, and İsmail İbrahim Çağlar had applied to the Istanbul Criminal Court of Peace, requesting the removal of the non-prosecution decision.

Upon this request, the investigation prosecutor's office sent the non-prosecution decision and the 12-volume file to the Istanbul Criminal Court of Peace.

FROM THE INDICTMENT

The indictment prepared by the Istanbul Chief Public Prosecutor's Office records that defendant Seçil Erzan worked as a manager at a bank branch in Levent and took 2 million dollars from complainant Bülent Çeviker based on a personal relationship of trust, promising to return it with high profits.

The indictment states that although written documents were given to complainant Bülent Çeviker in exchange for money, Çeviker was later unable to reach Erzan despite his attempts, reported the situation to the bank, and the bank conducted an investigation and filed a criminal complaint against Erzan.

The indictment explains that defendant Erzan used this method to convince complainants—including footballers, business people, and individuals from various professions—to invest money by claiming there was a reliable fund with high returns and that well-known public figures such as Fatih Terim and Hakan Ateş were also involved in this fund, while it was determined that no such fund actually existed.

The indictment notes that Erzan created fake documents regarding the money provided by the complainants, stamped these documents with the bank's seal, signed them with a wet signature, delivered them to the complainants, and acted with the intent to defraud.

SEÇİL ERZAN FACES UP TO 226 YEARS IN PRISON

The indictment requests a prison sentence ranging from 69 to 226 years for defendant Erzan for the crimes of "forgery of private documents" and "qualified fraud by a person who is a merchant or company manager or acting on behalf of a company, during commercial activities, or by cooperative managers within the scope of cooperative activities." It also requests prison sentences ranging from 3 to 65 years for defendants Ali Yörük, Kerem Can, Hüseyin Eligül, Nazlı Can, Atilla Yörük, and Asiye Öztürk for the same crimes.

Following the acceptance of the indictment by the Istanbul 41st High Criminal Court, 7 defendants, 4 of whom were in custody, appeared before the judge on November 20. The court panel decided to release 2 of the detained defendants and adjourned the hearing to January 12, 2024.