Expert report caused Cem Uzan to flee, sources say

According to news reports, the expert report was completed in early September and submitted to court on Sept. 28. The report, organized under seven headings, listed felonies it says were committed by the Uzan family in 231 business operations.

These include fraudulent transfer of company shares, falsified company decisions and forged sales contracts put together to conceal goods and products from creditors.

The expert report was prepared by lawyers Mehmet Aydın and Cavit Gedik -- both retired bank managers, retired penal judge Seder Karabıyık, retired bank manager Mehmet Nazmi Haliloğlu and Hakan Naim Ardor, an assistant professor from Gazi University's faculty of administrative and economic sciences.

The experts' report was based on the legal principle of cui bono, which means “to whose benefit?” or “as a benefit to whom?” The principle, usually applied to financial offenses, considers evidence of the crime based on the party benefiting from the offense. One of the experts said: “It's been observed that the primary aim of wrongdoings allegedly committed by individuals who are members of the Uzan family was to reacquire assets that had been lost and that methods in violation of the law have been employed to achieve that. This follows as the natural consequence of the principle of cui bono.”

The report, which referred to the defendants as “suspects bearing the last name Uzan,” says the actions of the accused constitute white collar crimes. White collar crimes are generally committed by individuals who have higher education and an influential role in society. These crimes, the report says, usually necessitate expertise in the specific field, where a very specific community works together. The report said the indictment against the suspects held that the accused were constantly in contact and regularly reported to Kemal Uzan, the father of Cem Uzan, to commit felonies such as issuing false bonds and recording these in the corporate books. The report also noted that the Uzan suspects carried out certain transactions abroad with the purpose of reacquiring their companies and assets.

Meanwhile, the 4th High Criminal Court yesterday rejected a request from Savings Deposit Insurance Fund (TMSF) lawyers filed on Oct. 9 to declare Cem Uzan a suspect at large. This makes it impossible to ask France for extradition.

Uzan, a businessman who was in the past active in various branches of business, from banking to media and later chairman of the Young Party (GP), left the country in early October, fearing jail time over a fraud conviction. On Monday night Uzan's lawyer, Şaylan Çığgın, announced that his client had been granted asylum in France. Despite the lawyer's statement, French officials have stated that Uzan has only been given a three-month residence permit while his asylum request is being reviewed.

In August an international court of arbitration overturned Uzan's objection to a TMSF takeover of his two Polish-based companies, Cementownia Nowa Huta and Polska Energetyka Holding. Uzan was sentenced to prison for hiding credit-loading cards for cell phone lines belonging to GSM operator Telsim in an empty pool at his villa.

Another lawsuit filed against Turkey by Cyprus-based investment company Libananco -- allegedly a front company for Uzan -- to recoup shares of two companies confiscated by the state from Uzan is still being heard.

The TMSF had managed to get an international travel ban for Uzan issued by the court, but that failed to prevent Uzan's escape.