TYPOLOGIES
Legal Framework of AML
The Law No. 5549 on Prevention of Laundering Proce...
Turkish Criminal Law No. 5237
Law No. 4208 on Prevention of Money Laundering (A...
The Regulation on Measures Regarding Laundering Pr...
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TYPOLOGIES
 
  • Case studies have been prepared fort he purpose of informing public opinion regarding researches and investigations on laundering offence, training obliged parties and providing feedback to them.
     
  • The following case studies are based on researches and investigations carried out by MASAK.
     
  • The information have been disguised belonging to persons, institutions, the places where the cases were occurred, dates and the monetary amounts have been differentiated in case studies.
     
  • No information is given to anyone or institution except competent authorities relating to the case studies.


Historical Artifacts Smuggling

Introduction
The research has been initiated upon certain transfers realized in a bank.

Research

In the researches and investigations carried out by MASAK, it has been determined that a historical artifact valuing 300,000 US Dollars was smuggled illegally abroad by a criminal organization consisting of 12 people and the sale price was transferred to the bank accounts of the members of criminal group which were opened in our country.

Regarding the case, information has been obtained about the sales of the historical artifact abroad and the money transfers to Turkey from the financial intelligence unit of the country which the historical artifact was smuggled and it has also been seen that this information are conforming with the ones determined in Turkey.

On the other hand, as there were serious grounds that the money transferred abroad was proceeds of crime determined during the investigation, precautionary measure had been ensured to be applied to the related bank accounts.

The defendants caught for predicate offence (historical artifacts smuggling) could not make a reasonable statement about the subject of the transfers to the bank accounts from abroad and they could not also present any information and document concerning the source of this money.

Conclusion

At the end of the investigation it has been determined that the historical artifact smuggled abroad had been sold for 300 thousand US Dollar and this amount had been transferred to bank accounts in Turkey of the criminal organization that is composed of 12 people. In relation to this case about which it was concluded that money laundering offence had been committed, this crime was reported to the related Public Prosecutor’s Office demanding that the criminals are sentenced to the required penalty and the amount 300 thousand US Dollars is confiscated. (Since some of the amount that was laundered could not be found it was demanded that values equal to this amount is also confiscated.)

Illegal Drug Trafficking

Introduction

The investigation was carried out based on a report received by MASAK from Security Authorities. It was stated in the report that X who was a citizen of a foreign country did drug trafficking and that he transferred the proceeds he acquired through drug trafficking to many countries including Turkey.

Investigation

After the investigation carried out by MASAK, it was determined that X had transferred money to 5 companies and 8 natural persons in Turkey in amounts ranging from 10 thousand US Dollars to 150 thousand US Dollars. No data was detected related to any business relationship such as purchasing of goods between X and the companies to whose accounts money had been transferred, i.e. there was not any information related to the sources of the transferred amounts.

Conclusion

It was stated that the companies and natural persons that were detected to be involved in the case had acquired the money derived from drug trafficking, some of this money had been used to pay off export commitments and, therefore, money laundering offence had been committed. A denunciation was conveyed to the public prosecutor’s office about the related natural and legal persons.

Illegal Drug Trafficking

Introduction

A judicial assistance request received from a European country and conveyed to MASAK by Public Prosecutor’s Office included information about three people accused of drug trafficking. Public Prosecutor’s Office requested that MASAK handled the issue within the scope of money laundering offence. In the mentioned judicial assistance request the following information was given;

  • Mr. E. Lokantacı operates restaurants and cafeterias abroad and is the organizer of drug trafficking, and makes use of the restaurants and cafeterias to conceal the proceeds he acquires through drug trafficking,
  • Mr. M. Zulacı is responsible for transporting the drug and emplacing the drug in the hidden places within vehicles,
  • Mr. B. Bozdurucu converts the illegal proceeds into other currencies.


Investigation

Since there were serious evidences showing that money laundering offence had been committed, it was requested from related Public Prosecutor’s Offices that precautionary measures are applied on the bank accounts of the accused and their rights, receivables and immovables registered to Land Registry.

At the end of the investigation it was detected that;
 

  • Mr. E Lokantacı, M. Zulacı and B. Bozdurucu carried out drug trafficking and acquired considerable amounts of proceeds,
  • Mr. E. Lokantacı made use of his restaurants and cafeterias to conceal the proceeds of drug trafficking,
  • Mr. B. Bozdurucu converted those proceeds into other currencies in order to alienate them from their sources,
  • These three persons transferred these proceeds of crime that they had acquired for the intention of laundering to the bank accounts they had opened in the name of their relatives in Turkey; they purchased immovables and vehicles with these proceeds.
  • Relatives and friends of the accused knew that those proceeds transferred to their bank accounts were proceeds of crime.


Conclusion;

It is decided that the three accused persons together with their relatives who are considered to be responsible committed money laundering offence and the case was conveyed to Public Prosecutor’s Office.

Receiving Unjust Tax Refund from Government

Introduction

In a tax audit conducted by the tax administration, it was detected that some persons had received large amounts of unjust tax refund from the government through the firms they founded in the first half of 1990’s and the case was conveyed to MASAK to be investigated as to money laundering offence.

Examination


As a result of the examination carried out by MASAK, it was detected that a fictitious export organization composed of three persons had committed the offence of receiving unjust VAT from government. In this case, Mr.S.Faturacı who is one of the members of the organization provides counterfeit invoices for export firms located in another city and ensure them to receive unjust VAT refund, and also he acts as intermediary for making payment of commission to several firms from whom the counterfeit invoices were supplied. And then, he deposits the proceeds that he obtained from these operations to the bank account opened on behalf of one of his relatives.

Mr.M.Aklar who is another member of the organization opens various bank accounts on behalf of him, his family members and his employees for the purpose of disguising true nature of the unjust VAT obtained through the firms in which he is the owner and manager and after he circulates this funds on these accounts he invests the funds into several assets on behalf of him and his family members.

Mr.T.Iade acts as a public accountant for the firms operating within the organization, provides counterfeit invoices for export firms and receives commissions for this service. He purchases an immovable property on behalf of his wife with the proceeds he obtained.

Conclusion;

It was detected that the members of the organizations receive unjust VAT refund and obtain illicit proceeds in this way; the proceeds are subjected by them to several transfers among the bank accounts belonging to family members and employees, and launder the proceeds through purchasing movable and immovable properties; and they were referred to the Public Prosecutor’s Office.

Gaining Proceeds through Coercion and Intimidation


Introduction

A group of persons founding an organization for the purpose of committing crime have usurped TRY 10.000, two deeds and a car from 6 persons through coercion and intimidation in several dates. The case was conveyed to MASAK in order to be examined as to money laundering.

Examination


As a result of the examination, it was detected that group members had shared among them a part of the cash they gained and they had purchased a new car for the group by pledging the rest of the cash money, the two deeds and the car.

Conclusion;


Since it was detected that group members had laundered the illicit proceeds in the form of money, deed and car they gained through coercion and intimidation by purchasing a new car through pledging the illicit proceeds, they were referred to the Public Prosecutor’s Office.