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Case 1:15-cr-00867-RMB Document 18-7 Filed 05/25/16 Page 8 of 55
brought to him. It was also discovered that Zafer ÇAĞLAYAN’s brother Mehmet Şenol
ÇAĞLAYAN has also participated in the acts of bribery.
Under the management of the Interior Minister Muammer GÜLER, the organization has
had his son Barış GÜLER, Özgür ÖZDEMİR, Hikmet TUNER and Barış KIRANTA who have
been carrying out the business; these individuals have performed the acts of bribery within the
framework of the organization’s activities between the crime syndicate that’s under the leadership
of Riza SARRAF and themselves.
Since it’s been understood that the said organizations have committed the acts of bribery
under the umbrella of a single contact network within the direction of the criminal enterprise under
the leadership of Riza SARRAF, the acts, activities of the criminal enterprise under the leadership
of Riza SARRAF, their systems, interests, and bribery relationships have been examined in our
investigation. The monies given to the Minister of Economy Zafer ÇAĞLAYAN, Interior Minister
Muammer GÜLER, EU Minister Egemen BAĞIŞ and Halk Bank General Manager Süleyman
ASLAN, the return benefits (for the bribes) will be described within the bribery activities of the
organization under Riza SARRAF’s leadership in sections. On the other hand, about the
organization …
In this context, the criminal enterprise led by Riza SARRAF has committed the following
crimes;
‣ Fraud
‣ Gold Smuggling
‣ Bribery
‣ Intermediating the Prostitution crime.
(C)
CRIMINAL ORGANIZATION’S CHARACTERISTICS
In relation to the Article 220 of the Supreme Court 10 th Criminal Division’s Jurisprudence
decisions number 2006/1054 E. 2006/4780 K. and 2007/110 E. 2007/3049 K. explains the crime of
“Establishing an Organization in order to Commit Crimes” in detail. According to both of the
jurisprudence decisions, in order to talk about the existence of the criminal enterprise, the
following headings will be discussed with examples:
1. It must contain at least 3 members,
2. The relationship between the members should not be an abstract one; rather it should be
a hierarchical relationship even if it’s in loose terms,
3. Even if no crime was committed, there should be a de facto meeting for the purposes of
committing a crime,
4. Due to its nature, it must show continuity.
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