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Prosecutor and Judge Issue Rare Response to Criticism From Turkey Prosecutor and Judge Issue Rare Response to Criticism From Turkey
(1 day later)
Very few criminal prosecutions in New York have likely drawn as much public criticism from a foreign leader as that of Reza Zarrab, a Turkish-Iranian gold trader who was charged along with eight other defendants with conspiring to evade the United States sanctions on Iran.Very few criminal prosecutions in New York have likely drawn as much public criticism from a foreign leader as that of Reza Zarrab, a Turkish-Iranian gold trader who was charged along with eight other defendants with conspiring to evade the United States sanctions on Iran.
Turkey’s president, Recep Tayyip Erdogan, has called the charges a plot against the Turkish Republic, and raised the issue in a phone call with President Trump in September. Turkey’s foreign minister claimed that the prosecution’s evidence was concocted by Gulenists, a movement led by an Islamic cleric living in exile in Pennsylvania; the movement has been banned in Turkey as a terrorist group and blamed by Mr. Erdogan for the failed Turkish coup in 2016. Turkey’s president, Recep Tayyip Erdogan, has called the charges a plot against the Turkish Republic, and raised the issue in a phone call with President Trump in September. Turkey’s foreign minister claimed that the prosecution’s evidence was concocted by Gulenists, a movement led by an Islamic cleric living in exile in Pennsylvania; the movement has been banned in Turkey as a terrorist group and blamed by Mr. Erdogan for the failed coup in 2016.
On Saturday, Turkey opened an investigation of Preet Bharara, the former United States attorney in Manhattan whose office filed the original charges, and of his successor, Joon H. Kim, who is overseeing a trial in the case that starts next week.On Saturday, Turkey opened an investigation of Preet Bharara, the former United States attorney in Manhattan whose office filed the original charges, and of his successor, Joon H. Kim, who is overseeing a trial in the case that starts next week.
On Tuesday, Mr. Kim and the judge, Richard M. Berman, took the unusual step of responding publicly to the Turkish officials’ criticism.On Tuesday, Mr. Kim and the judge, Richard M. Berman, took the unusual step of responding publicly to the Turkish officials’ criticism.
Mr. Kim, the acting United States attorney, said he was aware of claims that the prosecution was “being driven by domestic Turkish politics” and that his office, the Justice Department and the court had been “infiltrated by Gulenists.”Mr. Kim, the acting United States attorney, said he was aware of claims that the prosecution was “being driven by domestic Turkish politics” and that his office, the Justice Department and the court had been “infiltrated by Gulenists.”
“Needless to say, it’s our view that those claims are ridiculous on their face,” Mr. Kim said.“Needless to say, it’s our view that those claims are ridiculous on their face,” Mr. Kim said.
He added, “It displays a fundamental misunderstanding or lack of understanding of how our system of justice works and, frankly, the rule of law works.”He added, “It displays a fundamental misunderstanding or lack of understanding of how our system of justice works and, frankly, the rule of law works.”
Mr. Kim, who responded to a question about the Turkish criticism at an unrelated news conference, said the career prosecutors, F.B.I. agents and investigators handling the case were “driven by nothing other than following the law and the evidence.”Mr. Kim, who responded to a question about the Turkish criticism at an unrelated news conference, said the career prosecutors, F.B.I. agents and investigators handling the case were “driven by nothing other than following the law and the evidence.”
“They’re not driven by Turkish domestic politics. They’re not Gulenists,” he said.“They’re not driven by Turkish domestic politics. They’re not Gulenists,” he said.
Since Mr. Zarrab was arrested in March 2016 during a family trip to Disney World, the case has strained relations between Turkey and the United States.Since Mr. Zarrab was arrested in March 2016 during a family trip to Disney World, the case has strained relations between Turkey and the United States.
Mr. Kim’s office had charged that Mr. Zarrab helped to facilitate millions of dollars in transactions on behalf of Iran and other sanctioned entities through the use of false documentation and front companies. High-ranking Turkish and Iranian government officials participated in the scheme, with some officials taking bribes, an indictment charged in September.Mr. Kim’s office had charged that Mr. Zarrab helped to facilitate millions of dollars in transactions on behalf of Iran and other sanctioned entities through the use of false documentation and front companies. High-ranking Turkish and Iranian government officials participated in the scheme, with some officials taking bribes, an indictment charged in September.
Mr. Zarrab, 34, and Mehmet Hakan Atilla, 47, a Turkish banker, are the only two defendants known to be in custody in New York. Both were scheduled for trial this month, but things may have changed.Mr. Zarrab, 34, and Mehmet Hakan Atilla, 47, a Turkish banker, are the only two defendants known to be in custody in New York. Both were scheduled for trial this month, but things may have changed.
Mr. Zarrab’s lawyers stopped filing motions this fall and he stopped appearing in court. A Bureau of Prisons website listed him as “released,” and Mr. Kim’s office would say only that he was still in federal custody.Mr. Zarrab’s lawyers stopped filing motions this fall and he stopped appearing in court. A Bureau of Prisons website listed him as “released,” and Mr. Kim’s office would say only that he was still in federal custody.
News reports suggested that Mr. Zarrab had agreed to plead guilty and said that he is cooperating with the federal investigation.News reports suggested that Mr. Zarrab had agreed to plead guilty and said that he is cooperating with the federal investigation.
A lawyer’s statement at a court hearing on Tuesday seemed to bolster the theory that Mr. Zarrab could end up as a government witness in the trial; if so, the sole defendant would be Mr. Atilla, who has pleaded not guilty.A lawyer’s statement at a court hearing on Tuesday seemed to bolster the theory that Mr. Zarrab could end up as a government witness in the trial; if so, the sole defendant would be Mr. Atilla, who has pleaded not guilty.
Cathy Fleming, one of Mr. Atilla’s lawyers, said the defense’s work had become more difficult because of the extreme sensitivity of one government witness, whom the defense had learned about under a court protective order.Cathy Fleming, one of Mr. Atilla’s lawyers, said the defense’s work had become more difficult because of the extreme sensitivity of one government witness, whom the defense had learned about under a court protective order.
“We are not even allowed to share the name of the witness with our client,” Ms. Fleming said. “It handicaps us in terms of doing any investigation for cross-examination.”“We are not even allowed to share the name of the witness with our client,” Ms. Fleming said. “It handicaps us in terms of doing any investigation for cross-examination.”
It was at beginning of that hearing that Judge Berman cited the Turkish criticism of the prosecution.It was at beginning of that hearing that Judge Berman cited the Turkish criticism of the prosecution.
“In freedom of speech,” Judge Berman said, “officials are free to comment.”“In freedom of speech,” Judge Berman said, “officials are free to comment.”
But, he said, he had a suggestion, particularly for Turkish officials “who want to be helpful” to Mr. Atilla and Mr. Zarrab.But, he said, he had a suggestion, particularly for Turkish officials “who want to be helpful” to Mr. Atilla and Mr. Zarrab.
“The best way,” the judge said, would be “producing in court any Turkish evidence or witnesses that they may be aware of who could assist the defense in presenting their case.”“The best way,” the judge said, would be “producing in court any Turkish evidence or witnesses that they may be aware of who could assist the defense in presenting their case.”
Jury selection is scheduled to start on Monday.Jury selection is scheduled to start on Monday.