The documents concerning the seizure of the Koza Ipek Holding are in this scandalous indictment.
Erhan Başyurt 11th August 2017 News-Commentary Erhan Basyurt @Erhan_Basyurt
On the 26th of October 2015, trustees were appointed to the Koza Ipek Holding and its 22 subsidiaries based on an investigation initiated by the Ankara Public Prosecutor Musa Yucel.
This decision was followed by the bloody police raid and the trustee censorship of Ipek Media, which the public watched live on the 28th of October 2015.
The indictment against the Koza Ipek Holding was presented to the court by Prosecutor Yucel and was accepted last month, two years after the trustees had been appointed.
I wrote about the media aspect of the indictment under the title ‘A Chain of Scandals’ in three articles in this column.
I’ve only just finished looking into the whole indictment and the appendices.
Prosecutor Yucel officially confesses that all the claims that constituted the pretext to appoint trustees to the Koza Ipek Holding are false with the reports that he attached in the appendices issued on different dates by MASAK and BDDK.
The last headline of the newspaper that the free journalists published when the police raided Koza Ipek Media was ‘SEIZURE BY TRUSTEES’.
With the official documents in the indictment and the appendices, Prosecutor Yucel has confirmed once again that our headline hit the nail on the head.
One of the issues that Prosecutor Yucel used as a justification to initiate the raid on the Koza Ipek Holding and for the appointment of the trustees was 122 million TL that it was claimed had been transferred to the Koza Ipek Education Trust from the Eregli Iron and Steel Works Co under OYAK, which was mentioned in the report written by Safak Ertan who was fined for fraud and who was not on the official list of expert witnesses.
The documents in Appendix 49 of the indictment show that this slander was examined by MASAK and BDDK and as a result, Prosecutor Yucel was notified months before the raid and the appointment of trustees.
BDDK carries out the investigation on the 12th of August 2015 and discovers that the mistake arose in AKBANK, and that the money was transferred from Erdemir to Isdemir and that it had never been present in the Koza Ipek Foundation’s account.
MASAK consolidates this investigation with that of their own and notifies the same definite result to Prosecutor Yucel with the code ‘urgent’ on the 17th of August 2015.
Prosecutor Yucel, in spite of all the official refutations takes this false claim to the court as if it was a suspicious transaction to be investigated and initiates a court order,so that the raid on Koza Ipek Holding can go ahead.
Prosecutor Yucel starts an investigation into the Koza Ipek Holding on the 5th of September 2014.
However, on the 20th of May 2014, a tax audit is carried out by supervisors and it is put on official records that no crime was found.
The prosecutor requests another investigation on the 16th of April 2015.
The second tax audit starts, and it finishes 2 weeks after the decision to appoint trustees. It is reported that, ‘NO CRIME WAS FOUND’.
Again, prosecutor Yucel asks MASAK to investigate the claims of the expert witness on the 11th of November 2015.
MASAK finishes its first investigation on the 30th of March 2016. It investigates all the companies and the shareholders. Contrary to the claims, it registers that, ‘There are no illegal earnings.’ with the clear statements below:
‘No earnings, the source of which is unknown,have been found in the accounts…’
‘As no cash deposit, the source of which cannot be explained by commercial transactions, was found in the companies, it was discovered that the capital increases had been financed by their own resources.’
‘The accounts of the companies and the individuals before the capital increases were investigated again and no suspicious cash deposit to the individuals was found…’
‘Again, before the capital increases, it was discovered that the financial assets of the companies were enough to meet the increases…’
MASAK fires the bullet that killed Safak Ertan Comakli, who was convicted of fraud and who was not on the official list of expert witnesses, with its final report dated the 4th of May 2016.
The MASAK report reads like this:
‘As a result of the investigations carried out by our supervisors, as explained in detail above, that the production of gold by the Koza Gold Co has similar procedures to the production of gold both in Turkey and in the world; that the amount of gold extracted from the mine is predictable before the production; that it will only be clear after the analysis of the borehole samples found in the mine plants that are currently operated by the company whether the above-mentioned company had produced the amount of gold it had declared or not; and that except for this, it is believed that all the evaluations and efficiency studies concerning whether or not the amounts declared by the company are real, will not yield any correct results…’
MASAK, who identifies these borehole samples which were obtained by drilling before the production as the ‘identity of the metal’, registers the fact that the Koza Ipek Holding is keeping an archive of all the borehole samples and that they are supervised independently by an international independent company and that the production matches these archives.
MASAK shot deadthe infamous claim, ‘They siphoned 7 billion USD abroad’ with its report dated the 4th of May 2016,which explains everything clearly and leaves no room for doubt.
“In general, due to the fact that the transactions are sent and received more than once, the cumulative total increases. It was found that the amounts sent and received were all recorded in the company’s official books by matching the mentioned transactions with the company’s official books. These transactions are short term accounts and there was NO AMOUNT FOUND NOT RETURNED.”
MASAK investigates the accounts of the shareholders one by one and concludes that, “nearly all the amounts that are deposited in the bank accounts are the legal income of the individuals from the companies in which they have shares, and when the legal income is taken into account, THERE IS NO CASH DEPOSIT THE SOURCE OF WHICH LOOKS SUSPICIOUS.”
MASAK also investigates the claim, ‘1,288,800 TL of concealed income has been transferred to the shareholders’ that is mentioned in the expert witness report. Here is the result that causes the slander to come to the surface once again:
‘The accounts have been reviewed and there was no data to match the mentioned amount. Safe Ertan Comakli has been asked to send information 4 times by telephone concerning the subject, however no information has been received… The legal records and the exemption from paying tax seem to be in accordance with the regulations…’
What is strange here is that the ‘expert witness’ who is slandering people, is avoiding divulging the source of his slander in spite of all the efforts of the supervisors of MASAK.
In its report dated the 4th of May 2016, MASAK investigates the Koza Ipek Holding and all its subsidiaries separately, and with clear statements, refutes the slander of, ‘financing the armed terror organisation’ that constituted the pretext to appoint trustees.
During the investigation carried out into the bank accounts of the institutions, no record was discovered of money having been transferred to the mentioned institutions by the people (affiliated with FETO) about whom information was asked for.
All the slanders and the claims that prosecutor Yucel used as a pretext to appoint trustees, are shot down one by one by MASAK, BDDK, and the Tax Audit Office.
In this case, the only thing that the prosecutor should do is to dismiss the trustees and return the companies to their owners…
However, prosecutor Yucel continues his efforts to do just the opposite.
On the 25th of April 2015, he has Cafer Tekin Ipek, a board member of the Koza Ipek Holding and a member of the Ipek family arrested.
And in the statement, they clearly say, ‘We have not been able to get hold of your brother Akin Ipek and have taken you instead.’
Tekin Ipek has been kept in jail as a ‘prisoner of war’ for 1.5 years without being given a trial.
The assets including the ones inherited fromtheir father have been confiscated and usurped.
The unlawfulness did not end there.
The Koza Ipek Holding and all its subsidiaries, which had been managed by the trustees, have been confiscated and transferred to the TMSF for the last 9 months with a decree law, under the excuse of the heinous 15th of July coup attempt.
The TMSF put the rights to the name Ipek Media and the equipment of Ipek Media up for sale last week.
Starting with the appointment of trustees,as a result of the slander by someone who is convicted of fraud, and who is not on the official list of expert witnesses,and prosecutor Yucel’s turning a blind eye to the reports stating the opposite issued byall the state’s official institutions; and continuing with the confiscation of assets; one of the biggest cases of confiscation of assets in history is being levied with the help of the judiciary…
A massacre of human rights and the law which is a black stain on humanity is being witnessed in a chain of scandals, not just a single scandal.