These proceedings related to jury instructions, and are apparently happening privately between the parties. A summary will be put on the public record later.
As I reported, the exact file is unknown, but there are some clues. A prosecutor said the information is classified. That suggests one of the diplomatic cables leaked by Chelsea Manning.
Of the 30 matching files, 27 are marked unclassified. That leaves three. One of them appears to correspond more directly to Atilla's testimony, as it relates to a meeting with Treasury officials.
"During an October 19-20 visit to Ankara, Treasury Assistant Secretary for Terrorist Financing and Financial Crimes David Cohen cautioned government and banking officials about doing business with Iranian banks."
The jury is entering.
He said the court will put those instructions on the record on a break.
A: So, that's what I assume... I don't know all the details...
He says that's correct, in the general outline.
Service advisory: This might affect my personal ability to take down exact quotations.
Atilla: Yes, we knew it.
Q: You know the Central Bank of Iran is part of the government of Iran, right?
A: I presume that it is.
A: I'm not sure about that one, but I assume that it might be...
Atilla: I know that NIOC was on the OFAC, but I don't know for what reason it was on that list.
Denton asks if he didn't check that as carefully as what he testified about on direct examination.
A: Well, of course, it is important, and it should be check who the sender and recipient are.
Prosecutor loops back to the Szubin meeting at Halkbank.
"No, that's not what I said, and I'll repeat what I said if you want," he says.
Denton says "No" and takes control of his own questioning.
Same with Szubin and Joshua Kirschenbaum, a FinCen representative. (Financial Crimes and Enforcement Network)
Suleyman Aslan is CC-d. The subject is the gold trade.
Atilla says there are many news articles on the topic. He does not knew which was true or which was false.
He's a savvy news consumer. He doesn't dismiss the information out of hand, or insult the press. He simply treats the information with skepticism.
From a journalist, bravo.
Atilla: No, your honor. I absolutely do not remember such a thing.
He adds that if he had, he would explain it.
Denton says that he will try to jog Atilla's memory.
The article said that "Iran's woes" became a "boon" to Turkey, Denton says.
Atilla says that would be true if it meant Turkey's debt was lowered.
"We were following the foreign trade numbers," Atilla said.
Translator gets confused, repeats English question into English to Atilla.
Laughter in the courtroom.
The news was apparently bad for Turkey's trade deficit.
Okay, back to the trial. New email: Atilla to Aslan.
A: Yes, I see that.
Q: Each of them exporting more than a billion euros of gold, am I right?
Atilla says that's correct
"I didn't say that it wasn't important to me," Atilla says.
He also explains what was forbidden.
Denton asks if Atilla received it on smartphone?
Denton asks if his smartphone can receive emails?
Atilla is witty.
This is a bad oversight.
Back to the trial, where testimony has delved into rather arcane banking mechanisms.
Atilla: What Hakan Aydogan was asking here is different than the payment system.
Aydogan was told that a customer request wasn't feasible.
Will dig into the context later.
Atilla says yes, it was in December.
Atilla says yes.
Denton asks what the investigation found.
"They checked the procedures. In other words, let me put it this way, there were two different topics."
Atilla's description of what they found seems a bit dense. I'm going to check the transcript. This testimony is still ongoing, and I'll try to piece it together.
He adds that the auditors only write something in their report if they find something negative.
Fleming objects and asks to speak to the judge at sidebar.
The prosecutors and defense attorneys huddle with Berman out of earshot of the jury.
Cooling it with the memes now, and we'll see what develops after the sidebar.
(Private meeting with the judge and attorneys, away from the jury, to discuss legal issues.)
We on break?
Talk amongst yourselves.
The jury enters.
Denton asks if Atilla has watched every witness and looked at every exhibit.
Q: No other witness sat through this whole trial, have they?
Atilla's confused by the question.
A: I recall that. What I meant that was when the individual said that they had that.
Atilla adds he meant: "It's not something that you had done, it is something that you had been given."
The so-called "pull-aside."
Q: Your testimony today is that that never happened?
A: That is absolutely the case.
Fleming quips she's getting older, but she can still move.
The exchange is clear: They need to stick to a timetable.
There was never a point where he reached an agreement with Reza Zarrab on these things, he adds.
A: Yes, I remember.
Fleming refers to Denton's questions about blocked transactions.
Atilla: Yes, I remember.
A: I am telling them they should not use U.S. dollars and the American banking system.
Testimony turns to another piece of evidence: a news article shared in an email.
Fleming said she butchered the name.
Atilla says he remembers.
Fleming says the question was basic stuff. Atilla agrees.
Q: Last question, is Bank Sarmayeh an Iranian government owned bank or a private bank.
Atilla says private bank.
Berman says that closing arguments will start and end today, and deliberations will start tomorrow.
1:30 p.m. New York time, 21:30 Turkish time.
Have to eat in a flash. Görüşürüz.
This is a case about the lies that Mr. Atilla told to cover-up a multibillion dollar sanctions busting scheme."
Names various Iranian entities that Lockard claims that Atilla lied about to prevent a "death blow" against Halkbank.
Refers to gold exports in cargo planes, and fake food transactions "papered over" with fake documents.
"You saw that the bank and Mr. Atilla exempted Mr. Zarrab from these requirements." Lockard says.
Lockard says it's "impossible not to be aware" that these experts were for the Iranian government and NIOC.
Atilla said only large well-known customers permitted, but Zarrab doesn't fit this bill, the prosecutor said.
"You watched him correct the interpreter's translation. ... You watched him answer in English."
"To tout its due diligence, and it was Mr. Atilla who said those things. It was Mr. Atilla who was the principle counterpart at these meetings," the prosecutor said.
Atilla said that he read it and understood it.
"And again, that was Mr. Atilla," Lockard says.
Lockard counts Atilla's statements about gold exports among them.
"It was a friendly, information-sharing atmosphere," Lockard says, mocking Atilla's description.
In reality, Lockard said, Halkbank was feeling the "heat."
Lockard says Atilla's response was "sweaty, as it should have been."
The prosecutor casts doubt on Atilla's denials.
That's where Zarrab came in, he adds.
Lockard: "You heard Mr. Atilla deny that he was a part of those discussions again and again and again."
Zarrab talks about it during the wiretapped discussions. Lockard says that Zarrab didn't know he was being recorded, and has no reason to lie.
He moves onto mid-2013. Sanctions change.
Lockard says their candor on the first subject shows them being honest about the second.
This method called for bills of lading, which are traceable, the prosecutor said.
Refers to large shipments on small ships, which Atilla called a "technical error."
"How can it be a technical error?" Lockard scoffs.
His answer: They can't use bigger ships without having to file traceable bills of lading.
"Wheat doesn't grow in Dubai."
I'll dig up Zarrab's testimony on this from earlier.
Legally, here's what the prosecutor is getting at in an important legal principle: conscious avoidance, which you will hear a lot about during deliberations.
Think of an ostrich hiding from the police.
The burden, meaning, to prove the case beyond a reasonable doubt.
"Before his arrest, he's an important man," Lockard says. ... "At this trial, he tried to tell you that he's not that important. ... He's tried to tell you that he's peripheral."
"Mr. Atilla was the lead person in that relationship," he says. "Now Mr. Atilla is a smart man. That much is clear. Mr. Atilla knows how to lie. That much is also clear."
The prosecutor describes the charges the jury will be deciding.
Defense up next, and then Lockard's colleague Sidhardha Kamaraju does rebuttal summations.
Note: Prosecutors get two turns, to the defense's one turn, under U.S. law, because prosecutors bear the burden of proving guilt.
"Ladies and gentlemen of the jury, good afternoon."
While he "amassed a personal fortune."
"His case belongs "in the Twilight Zone... not an American courtroom."
Refers to prosecutor's description of Atilla as the "architect."
Rocco: "Did it [prove that]?"
The real architect, Rocco says, is Reza Zarrab.
"The evidence showed that Iran needed a banker, and that banker was Suleyman Aslan," Rocco responds.
Analysis: Rocco's attempting to neutralize the prosecutor's conscious avoidance argument.
Analysis: Rocco's not going to let the jury forget what he contends is a wild over-promise by the prosecution as to what the evidence showed.
Also asks if Zarrab needed help with falsifying documents.
"He didn't have Mr. Atilla in his back pocket" then, he says.
"Go around them, go above them, go to his boss," he continues.
They were like two young lovers," Rocco quips.
Reminder: Aslan is under indictment and still at large.
Rocco just threw him under the bus. justice.gov/usao-sdny/pr/f…
On the phone, however, Rocco notes that Zarrab is "rude" and a "bully"
"And the rest is, as they say, history," Rocco says, because Zarrab knows he has "something he can barter with," i.e. Atilla.
I'm sure you all know this: Madoff is perhaps the most famous white collar criminal in the United States, who ran a record breaking Ponzi scheme.
Madoff is currently serving a 150-year sentence in a U.S. prison.
"There's no reason at all," he adds.
Again, he's attacking "conscious avoidance."
People at lower levels followed up with proper documentation, not Atilla, he said.
The probe was then public: But Rocco notes that Atilla traveled to the United States anyway, knowing about this investigation.
"Calm, cool and collected." he says.
(Sorry about the meme, here: I truly mean this one as instructive about the art reference that I am making here. Lots of little dots that complete a larger picture.)
As to the details Rocco laid out: Too tricky to live-tweet.
"Stern warnings may be in the eye of the beholder," Rocco says, putting a new spin on an old saying about beauty.
When this happened to a NYT reporter weeks ago, the hackers imitated trusted accounts and sent bad links from it. Do not click.
Back to the trial.
And Rocco says that Atilla does not have it.
"It truly is," Rocco said. "On Hakan Atilla's behalf, I'm asking each and every one of you to look closely at the evidence, all the evidence."
End of defense summation.
"We embrace that burden. It is ours to prove to you."
Side note: Prosecutors always say this, down to the word embrace.
That means he is one of the 13 most powerful people at the bank, the prosecutor says.
A position "to protect the bank's lifeblood," doing tasks the bank's ability "to survive."
He says, "That's not what Hakan Atilla said."
He said that people at Halkbank checked out Zarrab's indictment. "They checked if the coast was clear," the AUSA said.
He says Atilla went to the United States "because he thought he was too big to jail, and he was wrong."
Spoiler alert: The people who caused the 2007-08 international financial crisis didn't go to jail here.
AUSA claims that Zarrab was replaceable but Atilla was indispensable.
He mocks the defense tactic of painting the evidence as "some Gulenist plot."
"These are events happening across an ocean in Turkey with shoeboxes filed with cash," AUSA said.
Zarrab could have said that he bribed Atilla, but he didn't.
He says that makes no sense.
"We submit that there's only one right choice, and that is that Hakan Atilla is guilty as charged beyond a reasonable doubt," AUSA said, with a finger pointed at Atilla.
Tells them not to read news coverage, implicitly including tweets.
"See you tomorrow morning," he says. "Thanks a lot."
Deliberations will start then.
I need to write, needed to for awhile actually, but there was never any respite for me to do so.
Good night, all, and I'll see you tomorrow. See you, bye bye.