Atamer Law Firm https://atamerlaw.tr/ Criminal Law | Cyber Law | Real Estate Law | Immigration Law Wed, 04 Sep 2024 21:43:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 Starting a Business in Turkey https://atamerlaw.tr/starting-a-business-in-turkey/ https://atamerlaw.tr/starting-a-business-in-turkey/#respond Wed, 04 Sep 2024 21:43:35 +0000 https://atamerlawfirm.com/?p=5047 Starting Business in Turkey Starting a business in Turkey can be a complex process for foreigners, thus, it’s important to seek professional legal guidance from a competent lawyer who can provide advice and support throughout the process. An investor should firstly choose a legal structure for his/her business. The most common business structures in the...

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Starting Business in Turkey

Starting a business in Turkey can be a complex process for foreigners, thus, it’s important to seek professional legal guidance from a competent lawyer who can provide advice and support throughout the process. An investor should firstly choose a legal structure for his/her business. The most common business structures in the country are limited liability company (LTD) and corporation (A.S). Prior to forming a business, the investor should intially obtain a tax identification number from a tax office, and subsequenly open a bank account on behalf of the company. Establishing a company in Turkey is a very quick and easy process for foreign nationals as explained below. We would also would like to underscore that investing through a company is one of the ways of obtaining Turkish citizenship by investment.

How to Start a Company

Required Documents for Formation

Pursuant to the Turkish Commercial Code, a company is formed upon the signing and notarization of the articles of association. In order to form a company under the Turkish law certain documents are required. These are passport, tax ID number, capital, operating agreement, and the other documets such as notarized signatures and statements of the partners.

1. Notarized Copy of Passport

Foreign natural persons firstly must have their passport translated into Turkish and notarized. Translation and notarization can be done in any public notary office in Turkey.

2. Tax ID Number

Secondly, a foreign tax ID number, which starts with 99, is required. In order for a foreign national to obtain a foreign tax ID number he or she must show an address in Turkey. Therefore, a person, who wishes to get a tax ID number, must reside in the country temporarily or permanently. Especially nowadays, the procedure of establishing a company in Turkey by a foreign natural person is fast and effortless. It is possible to obtain a tax ID number within minutes over the internet or in a tax office.

3. Minimum Capitals

The minimum capital is 100.000 TRY for corporations, and 10.000 TRY for limited liability companies as of the year of 2024. These minimum capital amounts are updated every year according to yearly inflation rates.

4. Other Documents

An application petition, notarized copied of the signatures of the partners, notarized statements of the founders, an operating agreement and proof of residence of the parters are also required for company formation.

Costs

In addition to start up capitals there are other costs such as notary fees, translation fees, taxes and attorney fees. These fees may vary depending on the company type.

Formation Process

As mentioned above, a foreign natural person requires two things in order to establish a company in Turkey. First translated and notarized passport copy and second tax ID number. It is legally possible for a foreign natural person to become the sole partner or the manager. On the other hands, formalities are different for legal entities.

Company Formation for Foreign Legal Entities

Establishing a company in Turkey by foreign legal entities require more documents compared to the formation by foreign natural persons such as  an apostilled copy of the tax record in which country it is incorporated and two copies of the scope of business certificate from the chamber of commerce from the country where it is incorporated.

Operating Agreement

An operating agreement is the most critical document in the formation process and it should be noted that the articles of association should be written by a competent lawyer who has experience company law in order to avoid legal problems or loss of rights. The articles of association appears as a registered public document that reveals the title, address, the scope of business and the purpose of the company. Since the company’s articles of incorporation forms the entire infrastructure of a company, it contains information about the managers of the company, their duties and obligations and, the names of the officers.

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Grounds for Divorce under Turkish Law https://atamerlaw.tr/grounds-for-divorce-under-turkish-law/ https://atamerlaw.tr/grounds-for-divorce-under-turkish-law/#respond Thu, 25 Jan 2024 07:24:33 +0000 https://atamerlawfirm.com/?p=5081 Divorce Grounds The laws regulating divorce cases are the prominent part of family law in every country. The grounds for divorce are stipulated in the Turkish Civil Code in two categories. First, general reasons, and second specific reasons. Under the Turkish divorce law divorce grounds for uncontested divorce cases are as follows: Adultery (Cheating) Adultery...

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Divorce Grounds

The laws regulating divorce cases are the prominent part of family law in every country. The grounds for divorce are stipulated in the Turkish Civil Code in two categories. First, general reasons, and second specific reasons. Under the Turkish divorce law divorce grounds for uncontested divorce cases are as follows:

Adultery (Cheating)

Adultery means that one of the spouses is engaging in a relationship with another. The relationship is sexual intercourse. However, the plaintiff does not have to prove sexual relationship. Such relationship can be proved by any extrinsic evidence such as hotel records. As a divorce ground adultery is not a common reason for divorce according to statistics. Severe incompatibility is in the most common divorce ground. The important thing in the case of divorce due to adultery is to comply with the 6-month deprivation period. If the spouse does not file a divorce case within 6 months the right to file a adultery based divorce case will be lost.

Attempt to Kill

If one of the spouses attempts to kill the other one it would be a ground for divorce. This divorce ground is reason for divorce in the Civil Code. Failure to file a divorce case within 6 months after the attempted murder will bar the spouse from filing divorce case based on this ground.

Domestic Violence

Abuse of one of the spouses to the other is determined as one of the grounds for divorce. Ill-treatment can take the form of physical or emotional or economic violence. The important thing here is that the bad behavior makes it impossible for the other spouse to continue the marriage. However, if the abuse is so intense, there will be grounds for divorce. If the abused spouse does not file a divorce case within 6 months at the latest after learning of the abuse, or if he forgives the spouse, the right to file a divorce will be forfeited.

Harassment

Severe insult and humiliation by one of the spouses to the other is another legal ground for divorce. In this context, it is a reason for divorce if a spouse offends the other spouse in front of third parties. However, the offending behavior must seriously damage the honor and dignity of the other spouse, a simple disrespect is inadequate. If the spouse who has been severely insulted does not file a divorce case within 6 months it would mean that he/she forgives his/her spouse, and therefore, he/she loses the right to file a divorce case on this ground.

Committing Felony

It is also a ground for divorce if one of the spouses commits a crime and the crime that is committed makes it impossible for the other spouse to continue the marriage. Of course, not every crime committed will be a reason for divorce in this context. The crime must make the marriage intolerable for the other spouse. Examples of such crimes are theft, sexual abuse, sexual harassment and sexual assault.

Having Low-life

If one of the spouses leads a dishonorable life, it could also be grounds for divorce. However, this state of dishonor must be permanent and turn into a way of life. In order for a dishonorable life to be grounds for divorce, it must be so important that it makes it impossible to continue the marriage. Addictiveness to drugs, alcohol or gambling are examples of a dishonest life.

Desertion

Another issue that constitutes a reasons for a divorce case is desertion. Desertion is the situation in which one of the spouses leaves home in order not to fulfill his/her obligations arising from the marriage union. In addition, the failure of one of the spouses to leave the joint residence and not return without a justifiable reason is also considered “desertion”. In some cases, forcing a spouse to leave the home is also within the scope of the desertion provision.

Mental Disorder or Illness

If one of the spouses is mentally ill, it could be a divorce ground under certain conditions. The mental illness must make it impossible for the other spouse to continue the marriage. In addition, it is necessary to determine with an official health board report that the treatment of mental illness is not possible. When these two conditions are met, it will be possible to obtain divorce decree. If it is not possible to obtain such a report in this sense, it is better off focusing on other grounds for divorce.

Severe Marital Disputes

This general divorce ground is called as “disruption of the marital union” in the Turkish Civil Code. According to the divorce case statistics, this is the most common ground for contested divorce cases in Turkey. Long-term disagreements between spouses, constant arguments, respectfulness, and marital distress are the most common concrete examples of this type of divorce ground. Loss of sharing, love and respect, failure to fulfill responsibilities are other examples of this divorce ground. In addition to these, sexual problems such vaginismus, or sexual incompatibility can also be deemed within the scope of martial disputes. If the spouses are experiencing a serious incompatibility that cannot be resolved between the spouses, and marriage counseling does not solve the problems, any of the spouses can file a divorce case based on this ground.

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International Parental Child Abduction https://atamerlaw.tr/international-parental-child-abduction/ https://atamerlaw.tr/international-parental-child-abduction/#respond Wed, 18 Oct 2023 07:40:35 +0000 https://atamerlawfirm.com/?p=4931 International Parental Child Abduction International parental child abduction cases have increased in the last decades with the effect of the increase in international marriages between citizens of different countries. When a dispute arises between married couples with different nationalities, one of the parties might take the child to his or her own country.  It is...

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International Parental Child Abduction

International parental child abduction cases have increased in the last decades with the effect of the increase in international marriages between citizens of different countries. When a dispute arises between married couples with different nationalities, one of the parties might take the child to his or her own country.  It is also observed that children are sometimes abducted to third countries by one of their parents. There are various international conventions to protect the interests of children abducted abroad in terms of family law. Many countries, including the Turkey is a party to these international agreements. One of these international conventions is the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children.

Hague Convention on Child Abduction

Another similar convention is the Hague Convention on the Civil Aspects of International Child Abduction. These international legal regulations provide guidance in the legal proceedings to be taken by the parents in case of a parental child abduction. Both of these conventions aim to prevent children from being taken out of the country by abuse of custody rights. In case of a such violation of these international agreements, legal actions can be taken within the framework of these international agreements. In this sense, the central authority in Turkey in implementing the Hague Convention on the task in Turkey is the Ministry of Justice.

There is a special division,  DIABGM (General Directorate of Foreign Relations and European Union), under the Ministry that specifically carries out this task. However, the ministry fulfills this task not directly but through the office of the chief prosecutor. In accordance with the Hague Convention on the Protection of Minors, the measures taken by local courts for the protection of children are notified to the central authorities and court decisions shall be notified to the Ministry of Justice’s DIABGM division in Turkey.

Child Abduction Cases

Under the Turkish law, a parent who holds the custody can go abroad with the child. Because the right of child custody gives each parent to right to leave the country with the child. However, in an ongoing marriage, if the custody is shared by the both parents, they should take this decision together. If one of the parents want to go abroad with the child, he or she should get consent from the other parent. However, a written consent is not required to leave the country with the child.

If the child is taken abroad temporarily, and there is no intention to cut the relationship between the child and the other parent, we cannot talk about abduction. For a parent to travel with a child to another country to be covered by the Hague Convention, it must first be without the consent of one parent or the other parent. Secondly, the purpose of taking the child to another country should be to cut off the communication of the child with the other parent. Provided that these two conditions are fulfilled, a parent can take the child to another country whilst the joint custody continues.

Abduction by Parents

If the mother took the child to another country without the father’s consent and without the father’s consent in order not to show the child to the father, this would be an absolute violation of the law. In practice, cases where children are abducted from the father by their own mothers are more common. In this way, if the child of which he is a guardian is abducted without his consent, the custodian father should take legal action.  Likewise, if the father takes the child to another country without getting permission from the mother, despite the mother’s ongoing custody relationship, the right of custody would be deemed abused. Because parents cannot use their custody rights to restrict the rights of the other parent.

Legal Actions for Abducted Children

In the event that a child with the right of custody is taken abroad by a parent, the other parent can apply to the central legal authority in person, or through their lawyers. Legal requests for the return of the child must contain many details. Identity information of the requesting parent, child, and the other parent who is with the child is required. In addition, the child’s date of birth, passport information and address information will also be required. Apart from this, the legal basis and principles of the application for the return of the child will be the most important part of the application.

An application for the return of a child can be made by an authorized lawyer. In this case, a power of attorney will also be submitted to the central authority where the application is made. If a child is abducted into a country other than their country of residence, legal proceedings should be initiated in the country of residence before the child is abducted. Additionally, if the country where the child was taken is known, initiating legal action in that country will speed up the process and will definitely be more beneficial for the parent who is seeking legal solution.

Legal Support

The legal processes that the Hague Convention on Child Abductions prescribes are highly specific and technical. It should be emphasized that not every divorce lawyer working in the field of family law is an expert in this field. Therefore, it is necessary to work with a lawyer experienced in such international child abduction cases. The victim whose child is abducted by the other parent must file a lawsuit in person or with a lawyer who is specialized in this field. As the lawyers who have been working on family law and child abduction cases for more than 20 years, we offer comprehensive legal services in this field. You can reach out to us at the email address on our contact page to if you you require legal support for child abduction matters.

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Money Blocks Under Turkish Law https://atamerlaw.tr/money-blocks-under-turkish-law/ https://atamerlaw.tr/money-blocks-under-turkish-law/#respond Sun, 04 Dec 2022 20:53:46 +0000 https://atamerlawfirm.com/?p=1346 Reasons for Money Blocking There are various legal grounds for money blocks in miscellaneous laws in Turkey. There might be different legal reasons for blocking money in bank accounts. These reasons might be based on different provisions in different statutes such as debt collection statutes, the Code of Civil Procedure, the Code of Criminal Procedure,...

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Reasons for Money Blocking

There are various legal grounds for money blocks in miscellaneous laws in Turkey. There might be different legal reasons for blocking money in bank accounts. These reasons might be based on different provisions in different statutes such as debt collection statutes, the Code of Civil Procedure, the Code of Criminal Procedure, and particularly the anti money laundering statute, famously known as the Law Number 5549. If a bank account or the money in an account is blocked, the legal ground might be based on one of the reasons below:

Frozen Bank Accounts

1. Block Due to Unpaid Debt

In this case, a person’s bank account can be blocked regardless of the amount of debt. In addition, the debtor’s all bank accounts can be blocked through a debt collection case. The second reason for debt-based blocking is the online garnishment of the tax offices due to tax debts. In this case, a tax payer’s bank account can be blocked without a notice. In order for this garnishment to be implemented, the tax office must send a payment order and the debt must not be paid within the time limit.

2. Preliminary Injunction Order by a Court

A civil court may impose an injunction on the defendant’s bank account. Such blocks are generally imposed in civil cases in which the dispute related to money or property claims.

3. Fraud Reports

In some cases, a bank itself may block an account itself. Such blocks usually occur as a result of the sender’s notice about fraud or forgery in a bank transfer. In this type of blockage, which we mostly encounter in international transfers, after sending money, the sender notifies the sender bank of fraud or forgery, then the sending bank conveys the situation to the receiving bank, and if the claim is found serious, the receiving bank puts a temporary block on the account with it and prevents the recipient from withdrawing the money.

4. Money Seizure Orders by Courts

Pursuant to Articles 127 and 128 of the Turkish Code of Criminal Procedure, money in a bank account can be seized as contraband, in case there is a strong suspicion that the money in bank account have been received as the result of crimes that have been committed, or received from other criminal activities.

5. Financial Police (MASAK) Blocks

The MASAK block is imposed within the framework of the Law No. 5549, known as the Anti Money Laundering Law. If the money is obtained by committing a crime it is considered dirty money. In other words, if the money is earned as a result of committing any kind of crime constitutes a reason for MASAK to block or freeze the money. The two most common types of MASAK blocking we encounter in practice are illegal bet or gambling related blocking, and cryptocurrency related blocking, which are covered by article 19/A of the law 5549. Both of these blocks are placed in case of detection of some suspicious transactions, which are mentioned below, but not limited to these. Some of these suspicious transactions are as follows:

  • Incoming transfers from many different senders to an account in a short time
  • Significant money inflows into a newly opened account in a short time
  • Receiving a considerable amount of money inconsistent with the job and profession of the person
  • Numerous money transfers that do not have an explanation or a reason

5.1. MASAK Block Due to Illegal Betting or Gambling

After the new legal regulations on illegal betting made in the past years, MASAK blocks are imposed on bank accounts due to illegal betting crimes within the scope of Law No. 7258. However, in practice, we see that sometimes bank accounts are also blocked because of illegal gambling.

5.2. MASAK’s Block for Suspicious Cryptocurrency Transaction

It has been possible for cryptocurrency assets and coins to be blocked under the Law No. 5549 since the change in the law in 2021. Therefor, cryptocurrency accounts in Turkey can be blocked in case of any suspicious transactions under the Law 5549. Additionally, crypto account can also be blocked if the account has been used for Bitcoin scams or cryptocurrency fraud.

Unblocking Money

As explained above, a bank account can be blocked for various legal reasons. Since our law firm does not practice in the field of debt collection law, we provide legal services to release blocked money  in cases of other blocking reasons, such as fraud reports, court orders, and MASAK blocks. Therefore, people whose accounts are blocked in Turkey can contact us to get comprehensive legal services related to these legal matters.

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Customs Violations and Smuggling Crimes in Turkey https://atamerlaw.tr/customs-violations-smuggling-crimes-in-turkey/ https://atamerlaw.tr/customs-violations-smuggling-crimes-in-turkey/#respond Fri, 16 Sep 2022 18:37:33 +0000 https://atamerlawfirm.com/?p=4892 Customs Violations The crimes considered as “smuggling” are numerous under the Turkish Laws, such as trafficking cultural property  however, in this article we will particularly focus on the customs violations committed by airplane passengers. All countries have some sort of customs regulations that limit goods to be brought by passengers. Turkey has also such customs...

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Customs Violations

The crimes considered as “smuggling” are numerous under the Turkish Laws, such as trafficking cultural property  however, in this article we will particularly focus on the customs violations committed by airplane passengers. All countries have some sort of customs regulations that limit goods to be brought by passengers. Turkey has also such customs regulations that everyone, who crosses the Turkish borders, must obey. Serious criminal investigations and criminal cases may arise in case of violation of those customs regulations.

Smuggled Goods Brought by Passenger

Especially at airports, passengers coming from abroad pass through the zones designated as “green line” and “red line” while passing from the duty-free area to the customs zone, sometimes as a result of group psychology, all passengers go to the green line with an involuntary orientation. However, due to the fact that the customs officers affiliated with the customs enforcement directorate are randomly or suspiciously scanned the luggage, the transactions are carried out for the crime of smuggled goods and customs smuggling because of the excess of some goods in violation of the customs legislation. In this way, when there is an item in his bag or baggage that has to be declared to the customs but that is passed through the green line without being declared, a report is taken by the officers and the passenger’s statement is taken and then the file prepared is sent to the Office of the Chief Public Prosecutor for a public prosecution.

Customs Smuggling and Smuggled Goods Criteria

Passing goods through customs without a declaration

If the passenger passes through the green line, it means “I have no goods to be declared subject to customs”. Therefore, after a passenger passes through the green line it will be too late to declare goods. In other words, saying “I did not know that these goods to be declared” or “let me declare these stuff now” would not work after passing the green line. Because, passing the customs border through the green line means that the passenger already stated I have no goıods to declare implicitly.

Commercial property of goods passed without a declaration

In order for such customs violations to be committed, the goods brought with the passenger must have commercial characteristics. In other words, they must be imported into the country for purposes such as selling or trading other than for personal use. In practice, bringing in a large number of a product is considered evidence for commercial purposes.

The import or export of the goods without declaration is prohibited

Whether the goods are for personal or commercial purposes, the crime of bringing smuggled goods occurs when a product whose import or export is prohibited is brought into the country. To put it another way it is not necessary that both the import and export of the goods are prohibited at the same time. It is sufficient to bring from abroad only the products whose import or export is prohibited.

Penalty for Customs Violations

The penalty for smuggling brought along with the passenger is up to 5 years of imprisonment, which means, it is a serious crime under the Turkish law. In case of aggravated and more serious types of this crime an arrest warrant can be issued. Therefore, it would be the best interest of the person who has been under investigation to work with an experienced lawyer whose expertise is in this area.

Limits on Some Goods

The limits for some goods that can be imported by a passenger from abroad to Turkey are as follows:

High alcohol drinks (22% and above): 1 LT
Low alcohol drinks (22% and below): 2 LT
Tea, coffee, sweets, chocolate: 1 KG
Cigarettes: 600
Cigars: 50 pieces
Perfume: 600 ML
Camera: 1 piece
Video camera: 1 piece
Computer or laptop: 1 pc
Cell phone: 1 pc

The above limits also cover products that are sold in duty free shops. Therefore, the goods that are purchased from duty free shops are counted in those limits. In other words, any product purchased from duty-free stores is included in these limits. In the event that these customs limits are exceeded and the situation is recorded by the customs officers, an investigation will be launched against the passenger for customs violation.

Criminal Defense Lawyer

Persons who are under investigation for customs violation, smuggling or importing illegal goods can apply to our firm to receive legal support. As an experienced law firm in the field of such customs violations and smuggling crimes, we provide professional legal support for our clients.

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International Romance Scam https://atamerlaw.tr/international-romance-scam/ https://atamerlaw.tr/international-romance-scam/#comments Sat, 09 Oct 2021 21:21:35 +0000 https://atamerlawfirm.com/?p=4966 Romance Scams Romance scam, or online dating scam is one of the most common cyber crimes in the last decade. This crime is committed over the internet against both mean and women. Scammers find victims through dating sites or social media applications such as Linkedin, Facebook, Instagram or Tinder. Instead of targeting people randomly, they...

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Romance Scams

Romance scam, or online dating scam is one of the most common cyber crimes in the last decade. This crime is committed over the internet against both mean and women. Scammers find victims through dating sites or social media applications such as Linkedin, Facebook, Instagram or Tinder. Instead of targeting people randomly, they choose victims by considering their jobs and financial situations. If they are convinced that the financial situation of the victim is good, the act of fraud begins. Some professional scammers do not act quickly, instead, they spend considerable time and effort to look credible and to persuade victims.  In some cases, scammers continue their connection with victims a few weeks, or even a few months and to gain their trust. After scammers gain enough trust, in the last stage, they start to ask for money in  different ways. 

Dating Scams

Another aspect of such romance scams is the use of fake profiles with fake photos.  In this respect, they create a fake social media profile with completely fake names and fake photos. They impress victims and gain their trust with fake photos and fabricated information. In some cases, when the victim realizes that she/he has been scammed, and stopped sendind money, blackmail crimes are also committed against victims. In other words, if they cannot get money by deceiving, they try to get money from victims by threatening.

Deceiving Victims by Fake Stories

the most common fake story is saying that “I have lot of money in the bank, but I can’t withdraw because of some reason”. Another scam version is cheating victims by fake stories, such as “stuck in the airport” story. They make up a story that while he was at the airport, another passenger put something in his luggage, then the police found an illegal item such as drugs in the luggage. Subsequently, the scammer says that he has been under detention and he needs considerable amount of money to hire a good lawyer. Another scammer may contact the victim and say that he is a lawyer. In some cases, scammers prepare fake attorney fee contracts or invoices to make the victim believe the story.

Another most common story is “the rich man needs urgent cash” story. The scammer says that he is a businessman, and he has substantial amount of money in a blocked bank account, and he need a few thousands dollars to unblock the money.Another similar story that scammers mostly use is telling victim that he is a rich businessman, and he spent his all cash to import some sort of products, but the products have been seized in the customs, as a result he needs cash money to take the prıodcots from the customs. There are many other types of stories like these ones. If the victims believes in these stories, new additional stories come up to continue to exploit the victim. Scammers receive money several times from each victim.

  • Make video calls, not just messaging, so you’re less likely to be fooled by unreal photos.
  • Keep in mind that photos or videos shown to you may be fake,
  • Never share nude videos or photos with people you meet online,
  • Do not give or reveal your private information to people you meet on the Internet,
  • Never send money to people you meet online, no matter what the reason is,
  • If you have been a victim of romance scam, consult an expert lawyer without losing time.

Legal Support for the Victims

If you think you are a victim of international romance (dating) scam, and if you transferred money to someone in Turkey or if the suspect is in Turkey, email us to get legal support from us. We can provide you with professional legal services to recover your money.

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Man in the Middle Fraud in Turkey https://atamerlaw.tr/man-in-the-middle-fraud-in-turkey/ https://atamerlaw.tr/man-in-the-middle-fraud-in-turkey/#respond Wed, 05 May 2021 09:28:47 +0000 https://atamerlawfirm.com/?p=4884 Man in the Middle Fraud Man in the middle fraud is a cybercrime type that based on email password capture and imitating correspondence. This computer and internet crime is predominantly committed by people of Nigerian origin. For this reason, this crime is also called as “Nigerian scam” or “Nigerian fraud” in Turkey. In this type...

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Man in the Middle Fraud

Man in the middle fraud is a cybercrime type that based on email password capture and imitating correspondence. This computer and internet crime is predominantly committed by people of Nigerian origin. For this reason, this crime is also called as “Nigerian scam” or “Nigerian fraud” in Turkey. In this type of crime, the act of fraud begins with the capture of the email password of one of the two companies or persons doing a large commercial business. E-mail hacking is a cyber crime that based on the capture of an e-mail account by hacking or resetting the password. This type of email hacking constitutes the first stage of the man in the middle crimes. E-mail passwords can be cracked by “brute-force” attack which means attempting username and password combinations rapidly by hacking software. In addition, a password can be captured by malware software (trojan horse, key logger, etc.) that installed on a computer.

Email Scam

Man in the middle fraud is also a sort of email fraud crime. Before going into the details of email fraud crimes, it would be appropriate to answer the question of what is email hacking. Email hacking constitutes a crime of entering the information system regulated in article 243 of the Turkish Criminal Code. Reading e-mails after an email account has been compromised will constitute a crime of violating the confidentiality of the communication. If the perpetrator deleted some e-mails after logging into the account or sent e-mails through the account he obtained, then crimes against the data in the information system will come to the fore. If the password of the account is changed and the account holder is prevented from accessing the account, there will also be the crime of blocking or breaking the information system. The seizure of an e-mail address seen by hacking can constitute several different types of crime.

Man in the Middle Scams

In this type of crime, perpetrators start to capture e-mail accounts of targeted companies and monitor the correspondence. After reading emails and commercial correspondence, they check whether there is a possible high-cost purchase or significant money transfer. In this sense, they open an e-mail account that will imitate an e-mail address of one of their parties with a single character difference in an e-mail correspondence where they detect a large money transfer. Subsequently, they get involved in the correspondence by creating tan impression that they are sending an e-mail as the person whose email they are imitating. At the last stage, they provide their bank account information instead of a correspondence’s bank account. In this type of fraud, sometimes real email addresses can be imitated with some special software instead of imitating the email address. Meanwhile, sometimes this crime is perpetrated in cryptocurrency transfers as Bitcoin scams.

Legal Support

Financial losses are extremely high in this type of fraud crimes. Financial damages incurred in these types of email fraud crimes can usually reach up to hundreds of thousands of dollars. Therefore, it would be appropriate for those who are victims of the crime of intervening or man in the middle fraud to work with an experienced cyber crime lawyer in this field.

Attorney Ilker Atamer

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Bitcoin Scams & Cryptocurrency Fraud https://atamerlaw.tr/bitcoin-scams-cryptocurrency-fraud/ https://atamerlaw.tr/bitcoin-scams-cryptocurrency-fraud/#comments Fri, 05 Feb 2021 04:48:07 +0000 https://atamerlawfirm.com/?p=4886 Bitcoin Scams Bitcoin scams, or more generally, cryptocurrency scams, have been among the cyber crimes that have increased especially in the last few years after digital currencies have become widespread. Bitcoin blackmail and ransom crimes can be committed on the internet, like other types of internet fraud crimes. The subject of this cyber law related...

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Bitcoin Scams

Bitcoin scams, or more generally, cryptocurrency scams, have been among the cyber crimes that have increased especially in the last few years after digital currencies have become widespread. Bitcoin blackmail and ransom crimes can be committed on the internet, like other types of internet fraud crimes. The subject of this cyber law related article is the fraud crimes committed directly through cryptocurrencies and Bitcoin not the other crimes in which cryptocurrencies are a part of a crime. Cryptocurrency is a type of electronic money based on block-chain technology infrastructure expressed in alphanumeric codes.

The fact that Bitcoin and other digital currencies have just started to be known in the investment market and the high increase and profit rates in some coin types in a short time have led many investors to this area. However, in the cryptocurrency market, not only the experts of this business but also those who do not have sufficient knowledge to invest. Indeed, people who do not have much knowledge about coin markets or who do not have financial knowledge but technical knowledge are also trading in electronic money markets. This makes the cryptocurrency market on the Internet a suitable environment for malicious people and scammers. We will focus on the details of cyber crimes committed through cryptocurrencies and Bitcoins in the rest of this article.

Cryptocurrency Fraud

Bitcoin scams can be committed online in different ways. The most common of these is to sell a product or service in exchange for Bitcoin and not provide the product or service after receiving a bitcoin transfer. Bitcoin is seen as an anonymous payment method by some criminals because of its untraceable structure. If scammers use a bank account, they know they will be caught immediately, so they prefer to collect money via Bitcoin. Apart from this most common type of Bitcoin fraud, there are also other digital currency crimes as discussed below.

Bitcoin Investment Scam

The most common type of Bitcoin fraud is to collect money by betting around buying Bitcoin but gaining benefits by not giving anything in return to those who pay money. Bitcoin and other altcoins are a sort of electronic money, and it is difficult to invest in for people who do not understand the internet and computer technologies. Therefore, people who want to buy digital money but do not know where and how to buy it are the target of cryptocurrency fraudsters. Bitcoin scammers collect money from people who want to invest in Bitcoin but have no knowledge. In some cases they claim that they will buy cryptocurrency on their behalf, but they neither buy cryptocurrency or nor give the cryptocurrency to them. In some other cases, victims are also defrauded by promising to keep Bitcoin on the digital money wallet or safe.

Fake Bitcoin Platforms

Another common Bitcoin fraud crime is a fraudulent activity through fake electronic money exchange or cryptocurrency site. Cryptocurrency scammers sometimes create a fake or counterfeit site, gain the trust of the victim, and then get bitcoin transfer to the BTC address they have given. Bitcoin fraudsters can commit this crime online by establishing a fake Bitcoin trading platform and fake electronic money exchanges. Truly fraudsters are fraudulent by inventing a completely fake cryptocurrency that never actually existed and recommending this fake coin to victims on the Internet, selling completely fake cryptocurrencies that never existed in this way.

Bitcoin Fraud Victims

Turkey, in terms of law and Bitcoin digital coins legislation, is yet to be implemented special laws rather than general laws such as the Penal Code for development. In addition, due to the technical aspect of the subject and its structure that requires serious information knowledge, those who are victims of such cryptocurrency scams or who suffer financial losses in the crime of Bitcoin fraud can get professional support from our lawyer team.

Blocks on Cryptocurrency Accounts

Turkey has changed the law 5549 which is on anti money laundering in 2021, and it has been possible for the financial police (MASAK) to block cryptocurrency account in Turkey. Therefore, cryptocurrency scams and frauds have been legal grounds for money blocks under Turkish law since 2021.

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Arrest Warrant under Turkish Criminal Law https://atamerlaw.tr/arrest-warrant-under-turkish-criminal-law/ https://atamerlaw.tr/arrest-warrant-under-turkish-criminal-law/#respond Wed, 23 Sep 2020 18:49:47 +0000 https://atamerlawfirm.com/?p=1198 Arrest warrant under the Turkish Criminal Law Arrest warrants can be issued during an investigation or a prosecution process in Turkey.  According to the Turkish Criminal Law, arrest warrants can be demanded by only prosecutors and issued by Sulh Ceza Courts (the Court of the Peace). In other words, Sulh Ceza Courts have the unique...

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Arrest warrant under the Turkish Criminal Law

Arrest warrants can be issued during an investigation or a prosecution process in Turkey.  According to the Turkish Criminal Law, arrest warrants can be demanded by only prosecutors and issued by Sulh Ceza Courts (the Court of the Peace). In other words, Sulh Ceza Courts have the unique authority to issue arrest warrants during the investigation process in Turkey. However, other criminal courts can also issue arrest warrants after a criminal case is opened. Prosecutors can issue orders of detention, however, they do not have the right to issue arrest warrants.

Grounds for Arrest Warrant

The grounds for arrest warrant are stipulated in the article 100 of the Turkish Code of Criminal Procedure. Sulh Ceza Courts can release an arrest warrant:

  • If the suspect or the accused had fled or eluded or if there are specific facts that he or she is going to flee.
  • If there are specific facts that the suspect or the accused is going to destroy, hide or change the evidence,
  • If there are specific facts that the suspect or the accused is going to put unlawful pressure on witnesses or the victims.
  • If there are strong suspicion that the crimes listed below in article 100.

An arrest warrant can be granted in case of the commitment of a crime listed in the article 100. In addition, theoretically, it is possible for a judge to issue an arrest warrant if the maximum penalty of a the crime is over 2 years. However, in practice, it can be said that arrest warrants are granted in case of serious crimes such as murder, rape, aggravated robbery, aggravated assault with deadly weapons, etc. In case of other less serious crimes arrest warrants

Jail Release

An arrested person can be released during the prosecution process or at the end of a criminal case as a part of the final verdict.  Therefore, hiring a criminal defense lawyer and working with an experienced defense attorney is the key point of a jail release.

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Istanbul Real Estate Lawyer https://atamerlaw.tr/istanbul-real-estate-lawyer/ https://atamerlaw.tr/istanbul-real-estate-lawyer/#comments Thu, 09 Jul 2020 09:59:14 +0000 https://atamerlawfirm.com/?p=1150 Turkish Real Estate Lawyer Turkey is one of the best countries in the world for investment in property. House prices in Turkey have been increasing rapidly, and property investors profit both selling and renting their properties. However, Turkish real estate law is so complicated that sometimes even local people cannot understand the legal terms related...

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Turkish Real Estate Lawyer

Turkey is one of the best countries in the world for investment in property. House prices in Turkey have been increasing rapidly, and property investors profit both selling and renting their properties. However, Turkish real estate law is so complicated that sometimes even local people cannot understand the legal terms related to the property and the municipality law. Indeed, Turkey has a very complicated property law, and the Turkish real estate law is being changed and updated regularly. Because of this fact, we recommend everyone who wishes to buy or sell property in Turkey to get professional legal support.

Property Fraud & Real Estate Scams

Property scams and property frauds have become common in some parts of Istanbul, particularly in the last decade. We recommend potential buyers to make market and price analysis before purchasing a real estate. Secondly, a title deed check by a real estate lawyer is a must for buyers. Thousands of foreign people have bought properties in Istanbul, as an investment. Because of the rising demand for new properties, builders and construction companies have started to sell properties before they begin to build their projects. As a result, property purchase agreements have become more important.

Title Deed (Tapu) Analysis

Tapu is a Turkish term that means “title” and issued by the TKGM. In Turkey, there is limited legal protection for real estate buyers (particularly for foreign buyers). Therefore, it is very critical to have a sale/purchase agreement with correctly worded conditions. We recommend that buyers should get a title deed check service from a property lawyer. As Turkish real estate lawyers, we check title deeds whether title deeds are clear and suitable for purchase or not. Firstly, we are checking if the ownership info is correct or not. Secondly, we check if there is a lien, hypothec, mortgage debt, or tax debt on title deeds. Lastly, we do research on related city plans and building licenses to ensure that there is no problem with the property.  We can complete title checks in one day, and we prepare a brief report about title deeds after all the appropriate checks are made. We can also provide legal support for buyers during the signing of a purchase agreement.

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