Interim decision in Thodex case – Last Minute Turkey News

thodex The trial against 21 defendants, 6 of whom were jailed, including fugitive Faruk Fatih Özer, who was prosecuted for cryptocurrency exchange fraud, has been postponed.

All detained defendants attended the first hearing before the 9th Anatolian High Criminal Court.

The parties’ lawyers were present at the hearing, in which some of the awaiting defendants participated with the audio and visual information system (SEGBİS).

The presiding judge declared that the arrest warrant with the red notice issued against the fugitive defendant Özer had not been executed and noted this in the report.

During the hearing, the president of the court, who found that part of the plaintiffs’ damages had been awarded and that some of the plaintiffs had withdrawn their complaints, summarized the indictment and read.

After the identification of the suspects, the defense of the accused began.

DEFENDANT GÜVEN ÖZER: MY MONTHLY INCOME IS 40 THOUSAND DOLLARS

Güven Özer, the older brother of fugitive Faruk Fatih Özer, who is one of the detained defendants, said he was doing publicity during the identification process and his monthly income was $40,000.

Zuhal Özer, the wife of Güven Özer, who attended the hearing with SEGBİS, said that she was a housewife.

During the hearing, his lawyer, Güven Özer, denied the charges against him and claimed that he was present in the Thodex building because he was a tenant.

Defending that his brother Fatih Özer asked him for bank accounts which he did not use and that he complied with this request because he was his brother, Güven Özer claimed that he did not consider this a crime.

“I LEARNED ON TV THAT MY BROTHER FLOODED ABROAD”

Defendant Özer said his brother spoke to some Balkan countries about the sale of the business and argued that he learned from television that he had fled abroad.

Claiming that those who appear as victims in the file are not real victims and that the real victims are the family of Thodex and Özer, the defendant Özer said that his father had started compensating the victims.

Serap Özer, one of the defendants detained, explained that she started working as a pre-accountant at Thodex in 2018 and followed the documents there, adding that Thodex has been a steadily growing company since 2018.

“I DON’T KNOW WHO MADE OVER 125 MILLION MONEY”

Serap Özer, who claimed to have learned that his brother Faruk Fatih Özer had gone abroad from television, said: “Fraud and money laundering are blamed on us. We were working according to normal Turkish standards. I had my personal account on the Thodex account. In 2017 or 2018, Faruk asked me for my identity and passport information. He wanted: “I need it”. The cops showed me a purchase account and sale, but “it’s not mine” I said. I was shown an account I had never seen as an email account. I don’t know if Faruk or someone else deposited over 125 million in my name,” he said.

The president of the court, “Do you want to repair the prejudice of the plaintiffs?” Serap Özer replied, “I’m just an accountant in the company. I can’t afford to pay.”

Detained defendant Cem Uzunoğlu said he worked in the software unit of Thodex company and was not a manager, and called for his release and acquittal.

DEFENDANT’S COUNSEL REJECTED

Speaking, Sevgi Eraslan, attorney for Faruk Fatih Özer, said he filed fugitive defendant Özer’s handwritten power of attorney in the case and said he wanted to ask the defendant questions.

The court also recorded that Eraslan’s request to ask questions was not granted because he did not have a power of attorney submitted through a notary public.

Defendant Uzunoğlu’s lawyer took the floor and asked for a refusal.

The delegation suspended the hearing to assess the judge’s refusal.

The delegation, which returned to the room after a short break, rejected the request for refusal.

Speaking at the hearing, detained defendant Onur Can Gündüz said he worked as a representative of Thodex company’s customers and did not accept the accusation against him.

Expressing that Faruk Fatih Özer wanted his own account, Gündüz noted that he then gave Özer his bank account information and password.

The presiding judge asked, “Did you not know that there are over 75 million money transfers? When asked, Gündüz replied, “I didn’t know it was used for a money laundering business. I knew that this money belonging to him and the system was used on my account. He used our accounts because there had restrictions on Özer’s bank accounts. . I didn’t know why there was a restriction on his account. After Özer fled abroad. I was thrown in jail. I didn’t no information on why I was put in prison. I did not commit a crime. I learned in prison that using my bank accounts is a crime.”

“I DIDN’T LIKE PEOPLE ESCAPING AND FLEEING ABROAD”

The other defendant detained, Mesut Can Arbaz, said he worked as a software developer at the company in question and said, “The owner of the company is responsible for the company. If there is money taken, this person is the trusted person. “We didn’t think he would. I believed in Faruk Fatih Özer. Because he would let down the great people around him. I didn’t think he would scam people and run away to the foreigner, but then he announced that he was going abroad,” he said.

Detained defendant Ergün Acar also requested his release, saying he did not accept the charge against him and was in prison for a crime he did not commit.

Defendant Zuhal Özer, aunt of fugitive defendant Faruk Fatih Özer, wife of detained defendant Güven Özer, argued that he had nothing to do with the Thodex company and said: “In the indictment says there are employees under me. I have two children, I tried to raise them. I don’t understand crypto or anything. “My company only had insurance for general health insurance and for my retirement. My mother-in-law only had such a benefit, I don’t know if it can be called a benefit,” he said. -he declares.

The presiding judge said, “Why did you show yourself working in your brother-in-law’s business when your wife also has a business? On the matter, Zuhal Özer said that he and Faruk Fatih Özer are like siblings. said he said.

Zuhal Özer said he does not accept the charge against him.

The other defendants who spoke also said they were innocent and asked for their acquittal.

REQUEST FOR APPROVAL CONCERNING THE DRIVER AND PROTECTION OF FARARI SANIK ÖZER

The prosecutor of the hearing said that the accounts of the awaiting defendants, the driver of Faruk Fatih Özer, Mehmet Çiçek, and his bodyguard, Recep Taş, were used to evacuate the company and launder money, and demanded the arrest of the defendants, stating that judicial control measures would not be sufficient for these two defendants.

In addition, the prosecutor requested a decision to maintain the defendants in this state.

Announcing its interim decision, the court counsel decided to reject the prosecutor’s request to arrest the defendants Çiçek and Taş by majority vote.

The delegation took the decision to forcibly bring Zülküf Özer, the father of fugitive defendant Faruk Fatih Özer, to be heard as a witness in court.

Deciding to wait for the execution of the red notice decision issued against the fugitive defendant Faruk Fatih Özer, the court counsel decided to maintain this state of the detained defendants and postponed the hearing.

COMPLAINT

The indictment prepared by the Attorney General’s Office of Anatolia explains what cryptocurrency is, the legal status of Bitcoin, how it is traded on crypto exchanges, and the differences between exchanges.

In the MASAK report, which is included in the indictment, which states that the company named Thodex was founded by the fugitive accused Faruk Fatih Özer with a capital of 400,000 lira, it is recorded that the platform Thodex has deceived its customers with fraudulent behavior due to their business and transactions.

In the MASAK report, it was pointed out that 253 million 714 thousand 909 lira of crypto assets were transferred from 3 separate accounts under the rule of the accused Faruk Fatih Özer, and a significant part of these transfers were traced in Malta, the shopping center of defendants Cem Uzunoğlu, Faruk Fatih Özer and Zuhal Özer. It is emphasized that it is transferred to crypto asset wallets located at the crypto asset service provider.

In the indictment, it is stated that 356 million lire of damage was caused by these crimes.

PENALTY REQUESTED

In the indictment, about 21 defendants, 6 of whom are imprisoned, including fugitive Faruk Fatih Özer, “creation and management of an organization with the aim of committing crimes”, “fraud using information systems , banks or credit institutions as tools” and “traders or entrepreneurs and cooperatives”. A sentence of 12,164 years and 40,562 years in prison is required for the offenses of “fraud and laundering of real estate values ​​resulting from crime”.

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