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Case 1:15-cr-00867-RMB Document 18-7 Filed 05/25/16 Page 43 of 55<br />

b. The material benefits identified with audio/electronic/physical surveillance after<br />

04/10/2013<br />

2. The material benefits before the date of 04/10/2013 discovered (and in audio/digital<br />

surveillance mentioned retroactively) through the emails examined (digital evidences)<br />

During the audio/electronic surveillances, it has been understood that the amount of the bribe<br />

monies that were sent to Zafer CAGLAYAN was based on a certain rate of Iran's monies transferred to<br />

Riza SARRAF's companies' account in Halk Bank; the money that was sent has been listed by<br />

Abdullah HAPPANI, that Riza SARRAF would get this updated and show it to Zafer CAGLAYAN<br />

during their meetings and this Excel list has been sent to Riza SARRAF's e-mail account by Abdullah<br />

HAPPANI.<br />

Thereupon, following the related Court Decision 19 the e-mail account belonging to Riza<br />

SARRAF named riza_sf@hotmail.com was examined on 04/17/2013;<br />

CAG EUR.xlsx (On 03/29/2013, the email was sent from ahappani@hotmail.com)<br />

CAG TRL.xlsx (On 03/29/2013, the email was sent from ahappani@hotmail.com)<br />

CAG USD.xlsx (On 03/29/2013, the email was sent from ahappani@hotmail.com)<br />

CAGGGGG.xlsx (on 04/16/2013, the e-mail was sent from ahappani@hotmail.com)<br />

(“CAG” name is given considering Zafer Caglayan's name, however Zafer Çaglayan was<br />

bothered by that and requested to have the names of the files to be changed 20 )<br />

It's been understood that in the mentioned “Excel files”, the date, amount, cash currency and (if<br />

applicable) courier information of the monies, sent transfers, paid luxury watches and jewelry sent to<br />

Zafer CAGLAYAN between the dates of 03/19/2012 to 04/10/2013 have been archived (listed).<br />

It has been understood that some of the money deliveries seen in this list have been previously<br />

identified during the audio/electronic surveillances, even though some of the monies were sent to<br />

Suleyman ASLAN, it was added under the bribes paid to Zafer CAGLAYAN. 21 (During the initial<br />

months they started paying Suleyman ASLAN's bribes, this amount would be deducted from the bribes<br />

paid to Zafer CAGLAYAN; later (during the audio/electronic surveillance), the bribes going to the<br />

individuals were kept in separate accounts) For that reason, the bribes that went to Suleyman ASLAN<br />

will be excluded here and we will focus on the material benefits that were sent to Zafer CAGLAYAN.<br />

19 33. Criminal Court of Peace's decision dated 04/17/2013, Investigation No: 2012/120653 and Amended Job<br />

No ; 2013/242 numbered decision<br />

20 TK:2031539988 - 04/10/2013 3:45 p.m. Riza Sarraf to Abdullah Happani: “E-MAIL IT TO ME, I'M GONNA<br />

SHOW IT TO THE BRO AND IT SAYS CAG THERE … ERASE THE WORD CAG FROM THERE”, in<br />

04/10/2013 8:12 P.M. from Riza Sarraf to Abdullah Happani: “CHANGE THE NAME OF THAT FILE AND<br />

SEND IT TO ME IT MAKES THE MAN PEEVED OF THAT WORD then send me another mail.”<br />

It is understood that Riza SARRAF and Zafer ÇAGLAYAN would get together to talk and in this particular meeting, he<br />

would present the breakdown of the bribes given to Zafer CAGLAYAN by Riza SARRAF until 04/10/2013 in Excel format,<br />

that Abdullah HAPPANI named the Excel files “CAG” inspired by Zafer CAGLAYAN's last name, however Zafer<br />

CAGLAYAN has been disturbed by the file name and that Riza SARRAF ordered Abdullah HAPPANI to change the name<br />

of that Excel file's name whereupon Abdullah Happani changed the name of the file to “CAGGGGG”.<br />

21 See: TK:2008951726 - 3/29/2013 5:50 p.m. Riza Sarraf - Abdullah Happani<br />

205

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