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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. 8
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