U.S. District Court Issues $4.26 Billion
Judgment Against Uzan Family of Turkey for Perpetrating Massive Global
FraudLandmark Decision
Supports Motorola Claim That Defendants “Perpetrated a Huge
Fraud”Motorola To
Continue Pursuing All Actions Necessary To Stop Uzans
From Further Perpetrating Global
Fraud Third
Parties Risk Contempt Sanctions for Assisting Uzans
Schaumburg, Ill., July 31, 2003 –
Motorola, Inc. (NYSE:MOT) today announced that the Honorable Jed S. Rakoff of
the United States District Court, Southern District of New York issued a $4.26
billion judgment against the Uzan family of Turkey for perpetrating a massive
fraud against Motorola. Further, Judge Rakoff found the defendants in contempt
of court and ordered that: “unless and until defendants purge their
contempts, the individual defendants, if found within the jurisdiction of the
United States, will be immediately arrested and held in confinement until such
time as they comply with the directives of the Court’s” prior
orders.
In today’s ruling, Judge Rakoff
stated that the evidence presented at trial proved that the members of the Uzan
family “have perpetrated a huge fraud.” Specifically, Judge Rakoff
ruled that “[u]nder the guise of obtaining financing for a Turkish
telecommunications company, the Uzans have siphoned more than a billion dollars
of plaintiffs’ money into their own pockets and into the coffers of other
entities they control.” The Court also found that the Uzans “have
sought to advance and conceal their scheme through an almost endless series of
lies, threats, and chicanery, including, among much else, filing false criminal
charges against high level American and Finnish executives, grossly diluting and
weakening the collateral for the loans, and repeatedly disobeying the orders of
this Court.”
Cem Uzan has consented to
the validity of this judgment by his prior concession that the New York court
has personal jurisdiction over him, a fact referenced by Judge
Rakoff.
The U.S. District Court’s ruling
ordered the members of the Uzan family and the companies they control to pay
Motorola $2.13 billion in compensatory damages and another $2.13 in punitive
damages as a result of the Uzans fraudulently inducing Motorola to loan $1.8
billion to Telsim Mobil Telekomunikasyon Hizmetleri A.S. (“Telsim”),
a telecommunications entity owned and controlled by the Uzan family. The
court’s ruling also orders that the Uzans be arrested and imprisoned if
found within the jurisdiction of the United States until such time as Uzans
purge their prior contempts of court, including their defiance of a court order
requiring them to deposit 73.5% of Telsim’s stock into the court’s
registry.
Judge Rakoff stated that Motorola is
entitled to collect its judgment not only directly from the defendants, but also
from the assets of any company (including 130 companies listed in the Court's
opinion) the defendants own and/or control, directly or
indirectly.
Christopher B. Galvin,
chairman and chief executive officer of Motorola, said, “We are extremely
pleased with the Court’s strong ruling and we look forward to recouping
the billions of dollars that were diverted by the Uzans and returning it to the
rightful owners – Motorola’s shareholders. Today’s ruling is
a landmark decision concerning the massive global fraud that has been
perpetrated against Motorola by the Uzans, and the latest in a series of court
judgments throughout the world against the
Uzans.”
"Today's judgment confirms our
belief of wrong-doing against Nokia and proves the activities against us were
fraudulent and intentional," said Olli-Pekka Kallasvuo, Chief Financial Officer
of Nokia. "We will now use this ruling as part of our continued effort of
recovering the funds."
Today’s judgment
against the Uzans originated from a series of financing and supply agreements
that were entered into beginning April 1998 between affiliates of Motorola and
Telsim. Under the agreements, Motorola provided Telsim with equipment
financing, financing to purchase a GSM cellular license from the government of
Turkey as well as the major supply components for a GSM cellular telephone
system. Total financing under the agreements with Telsim, as amended, was
approximately $2.0 billion. As collateral for the loans, the Uzans pledged to
Motorola shares of Telsim stock held in another Uzan-controlled company.
Motorola noted that Telsim and the Uzans entered into similar financing and
supply agreements with Nokia at about the same time, which were not disclosed to
Motorola.
Despite repeated assurances by the
Uzans that Motorola’s collateral was secure and the loans would be repaid,
Telsim’s last payment to Motorola under the agreements occurred in June
2000. Beginning in late 2000, the Uzans requested to reschedule loan payments
and initiated a campaign of fraudulent tactics in an effort to conceal from
Motorola the fact that the Uzans had stolen more than $1 billion from Telsim.
Motorola and Nokia (NYSE: NOK) jointly filed a complaint in the U.S. Courts
against the Uzans in January 2002, seeking to recoup more than $2 billion that
was owed to the companies. The court’s ruling renders Nokia the equitable
owner of 7.5% of Telsim’s stock as a result of the Uzans’
frauds.
Specific Court
FindingsThe U.S. District Court found that the
Uzans had engaged in numerous acts of fraud including, among
others:
• Diversion of Loan Money for
Personal Use: The Uzans improperly diverted more than
$1 billion that was loaned to Telsim to other
Uzan-controlled companies. The Uzans used those funds to purchase luxury goods,
including private planes, helicopters, yachts and
apartments.
• Devaluation of Shares
Pledged as Collateral for Loans: The Uzans intentionally and effectively reduced
in value by two-thirds the collateral shares of Telsim stock pledged to Motorola
and Nokia at a secret meeting of Telsim shareholders held on April 24,
2001
• Defying Numerous Court Orders:
The Uzans repeatedly disobeyed orders of the U.S. District Court and Courts of
other jurisdictions. Among other things, the Uzans refused to comply with a
U.S. District Court-ordered preliminary injunction that required the Uzans to
transfer the collateral shares pledged to Motorola to the Court registry for
safekeeping, prohibited the Uzans from further devaluing or affecting the
collateral shares, and prohibited the Uzans from diverting assets from Telsim.
The Uzans, in direct contravention of Court orders, also refused to appear for
scheduled depositions and refused to make a meaningful production of
documents.
• Initiating Illegal
Litigation Ploy in Turkey: The Uzans initiated collusive injunction actions in
Turkey that were designed to thwart the U.S. Court action and foreign collection
proceedings. The Turkish Supreme Court of Appeal, Turkey’s highest court,
issued a final decision that the Uzans’ efforts in the Turkish courts was
illegal, lacked proper authority and had no legal
effect.
• Filing False Criminal Charges
Against Senior Motorola and Nokia Executives: The Uzans filed false criminal
charges for “armed threat to kill” against senior Motorola and Nokia
executives in an act of extortion. In those cases which have gone to trial, the
charges were dismissed by the Turkish criminal court as without basis. Even in
the face of these dismissals, the Uzans have refused to drop the charges against
other executives.
Motorola to Pursue Third
Parties Who Assisted Uzans in Perpetrating
Fraud
Motorola said that it is considering pursuing
third parties throughout the world, including various global financial
institutions that directly or indirectly hold assets on behalf of the Uzans, who
may have assisted the Uzans in perpetrating fraud or permitted a breach of
Worldwide Freezing Orders against the Uzans. The Worldwide Freezing Orders,
first imposed by [a UK Court], on January 30, 2002, and later expanded on May
31, 2002, effectively froze the worldwide assets of Cem Uzan, Hakan Uzan, Kemal
Uzan and Aysegul Akay for up to a value of $200 million
each.
Motorola noted that on June 12, 2003 the
Court of Appeal of England and Wales, one of the UK’s highest courts,
ruled to preserve up to $800 million of the Uzans' assets worldwide. The UK
Court of Appeal dismissed a number of appeals brought by Cem Uzan and Aysegul
Akay thereby upholding Worldwide Freezing Orders against them. The Court also
stayed its decision to discharge the Worldwide Freezing Orders against Kemal and
Hakan Uzan. On June 10, 2003, the U.S. District Court issued a temporary
restraining order against Credit Suisse Leasing, Zurich effectively prohibiting
it from transferring proceeds from the sale, transfer or lease of a $40 million
aircraft allegedly beneficially owned by the Uzans.
About
MotorolaMotorola, Inc. (NYSE:MOT) is a global
leader in wireless, automotive and broadband communications. Sales in 2002 were
$27.3 billion. Motorola is a global corporate citizen dedicated to ethical
business practices and pioneering important technologies that make things
smarter and life better for people, honored traditions that began when the
company was founded 75 years ago this year. For more information, please visit:
www.motorola.com
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Media
Contact:Jennifer
Weyrauch
847-435-5320
Jennifer.weyrauch@motorola.com