PwC Ulaslararasına gönderilen yazı (cevapsız)

Dear Sir/Madam,

You have thousands of employees and customers all around the world.  However, I couldn’t get a response for my letter that I wrote regarding the company, which was inspected by Talar Gül from your Turkish Office on 22.02.2018, and even though I wrote to the other members of the board of directors on 26.02.2018 Monday again, I still wasn’t given a feedback.

I send the text of the letter that I wrote to the Turkey PwC to you. I kindly submit to your information for taking necessary action to give an immediate response to me regarding the issue.

With my best regards,

Hakan Yavuz




Dear Talar Gül,

PwC Bağımsız Denetim ve Serbest Muhasebeci Mali Müşavirlik A.Ş.

I have considered it necessary to write to you since you have performed the Independent Audit activities of the Akbank A.Ş. and Ak Yatırım Menkul Değerler A.Ş. and you have your signature under the report. Since I couldn’t get any answer to my communication efforts from your institution and since the judicial process continues, I want to share some of the details with you, which I want to believe that you are not aware of.

As it is also mentioned in your report, it is seen on the 11th page of the Public Disclosure Form of AkYatırım Menkul Değerler A.Ş. dated 06 February 2018, which is drawn up by the intermediary institutions, that you have some open-ended and malleable responses to the issues that you should be completely objective just as in the answers of the CMB. Thankfully some of the facts are mentioned in your report, even though superficially, that I believe your institution published especially in small font sizes not to draw attention.

I am sending the points to you in the attachment of my letter by referring to your report and mentioning the points I considered as important: Company management is responsible from the internal control that it finds necessary for preparing the financial statements in accordance with the TAS, presenting them truthfully, and preparing them as not to include material misstatement resulting from mistake or deception.

Those responsible from top management are responsible from monitoring of the financial reporting process.

Internal auditor Mehmet Akman and IT officer Ms. Merve were only interviewed once, and the method of covering some facts was preferred with a misleading, prejudiced and fraudulent report by making a fait accompli. The funny part is that when I tried to inform the General Director and the top management, I even wasn’t listened and answered.

The reasonable assurance given as a result of and independent audit, which is carried out in accordance with the IAS is a high assurance level, but it doesn’t guarantee that an existent material misstatement will be always detected. Misstatements may be resulting from mistake or fraud. If these mistakes are reasonably expected to affect the economic decisions that financial statement users will take with regard to these statements separately or as a whole, these misstatements are accepted as material.

I consider it necessary to share this information with you, since there is a case on trial within the scope of information provided to you, and I believe that you are not informed about these issues. How is that possible not to carry out a detailed research about an account, which has 30000 lots trading volume, hundred of thousands of commission income, and billions of dollars of transactions? I kindly request you to examine the case file numbered 2017/17.

Since fraud may involve collusion, deliberate negligence, misstatement or internal audit infringement actions, the risk of not detecting a material misstatement resulting from fraud is higher than the risk of not detecting a material misstatement resulting from mistake.

In case we conclude that there is a material uncertainty, we have to draw attention to the relevant explanations in the financial statements or if these explanations are insufficient, we issue an opinion else than positive opinion.

While filing a criminal complaint to CMB publicly, I also made notifications to BIMER, CIMER, some Parliamentarians and required law-enforcement officers. While I had been put in a lying position, some offenses were committed against the court like making fraudulent, false and unrealistic statements. If I had a little contribution in the communiques and decisions taken particularly for Forex, I am pleased. I hope that you will do what you have to do, since you are aware of the facts.

Moreover, I also want to mention that in addition to the offenses of Ak Yatırım Menkul Değerler A.Ş., there is also another ongoing litigation (2015/1257) regarding the Forgery of Documents, Qualified Embezzlement, and Banking Offenses of Doğuş Boya, which happened in the Perpa Branch of Akbank A.Ş. I mean, many fraudulent transactions have been made against many people, not only me, and it is obvious where these ongoing irregularities will go, and this doesn’t have another purpose to extend the inevitable ending.

We may decide not to mention the relevant issue in our independent audit report in cases where the legislation doesn’t allow the issue to be announced to the public, or in the exceptional cases where the negative results, which will arise from announcing the issue to the public, is reasonably expected to exceed the public interest.

Believe me, I cannot understand why nothing was made against these people, who are both guilty and powerful so that they can show courage to file a criminal complaint against me from the 74th article due to the posts shared in social media, courage enough to take the risk of defaming the institution, and so blinded as to refute the clearly said words. It should not be forgotten that when your false statements and claims becomes evident, trust and reputation will be important.

Even though you don’t explain, public opinion will be informed about all of the facts when the time comes.

Nothing can be hided forever!

Note : I also inform you that I will make some explanations again to necessary people, particularly to correspondents from Economy Correspondents Association in the forthcoming days.

Hakan Yavuz



I also want to talk about the important points that were experienced in the past period:

Sections from the letter I submitted to the CMB:

There is the principle of honesty for banks or intermediary institutions even under normal circumstances. In the same way, there is also the principle of honesty for the issues that are subject matter of a dispute. A lie cannot be said or false statements cannot be made. In the light of these facts, I consider it necessary to inform your authority that the statements, which are given in response to the petition that I submitted in the annex and made for spoliation of evidence, are contrary to the facts, and they are made for deceiving the justice and court.

In the letter given in response to the file;

Against the statements of the customer:

The customer was not provided information by the IT Officer ....... as “given orders are received by the system, but not transmitted”.

There is not any statement as “ the source codes are not in the ……………… Investment, but in the PROTRADER software company that is originated in Ukraine”.

Both the sound recordings and conversation dialogues (which are not recorded by the institution for some reason) were given to the competent authorities by me.

The responses that IT Officer Ms. Merve gave:

AS SUCH, I, THERE IS NO EXIT FROM 15:41 TO 15:48.. THE SYSTEM HAS APPOINTED YOU BUT…

I MEAN, IN FACT YOU ARE SEEN IN THE SYSTEM. THE SYSTEM DIDN’T LOG YOU OUT, BUT MADE THIS: YOUR ORDERS, ENTRANCE REQUESTS ARE HERE, ONE GOLD AS REQUEST; 2,4,6,8,10.

NO, NO I UNDERSTOOD YOU; AS I SAID, BUT THIS THING, ALL THOSE ORDERS TO STAY IN REQUEST, MORE PRECISELY TO STAY IN US AS REQUESTS AND NOT BEING TRANSMITTED TO ACROSS…

THE DISPLAY IMAGES THAT YOU TOOK AT THAT TIME, I MEAN ONLY THERE IS THE ONE YOU SENT, THOSE DISPLAY IMAGES DO NOT APPEAR ON OUR SCREEN. IT IS GOOD THAT YOU SENT THOSE. I WILL THEM IN OUR, WE HAVE A COMPANY DO THIS PROGRAM. IN UKRAINE.

NOW, WE WILL SHARE THESE DISPLAY IMAGES WITH THEM. I MEAN, WE WILL ASK THEM TO EXAMINE THOSE. BECAUSE, OBVIOUSLY MY ACCESS IS TO SOME EXTENT.

I kindly submit to your information that these actions, which are made for preventing the rights of financial consumers and taking advantage with fraudulent conducts in accordance with their own benefits, to be punished by assessing them under your own consideration, and their existent licenses to be cancelled by your institution.

All the data both as sound recording and text (dialogue) are sent in the annex of the letter.

Whom should the CMB protect, but whom does it protect?

Even though it is said that the main duty of the CMB is protecting the investor, I guess unfortunately capital owners and the operation of the system seem to stand out again.

The CMB has answered all of the documents regarding the whole crime as the following after a long waiting such as 15 months. I guess they could give this answer within a couple of weeks.

The response given by the CMB:

It is decided to inform the Intermediary Institution for showing the required care to comply with the legislation by considering that the defense of the institution; as the recording of the phone call regarding the transactions, which were happened on …/…/…. , between the information technology personnel and you is against the article 26 of the communiqué, which is titled as “The Communiqué On Principles Regarding Record Keeping and Documentation In Investment Services and Activities And Ancillary Services” numbered III-45.1, but the made conversation is not related to the leveraged transactions, and it was about the connection problems occurring in the transaction platform, is not completely incorrect, the mentioned application of the Intermediary Institution is not intentional, and it happened as a result of the evaluations made in the process of interpreting the legislation provisions.

Moreover, Banking Law is not consisted of only article 74, and the following issues also should be paid necessary care and attention.

Making false statement

Article 155 - The persons who sign the documents of the institutions that are subject to this Law and have made a false statement in such documents or who sign the documents forming the basis of such non-factual documents submitted to any authority or auditor specified in this Law and to courts or documents published, shall be sentenced to imprisonment from one year to three years and a judicial fine which shall not be less than 1,500 days.

Non-recording transactions, non-factual accounting
Article 156- Any person who has caused any transaction of institutions covered by this Law not recorded or accounted for in a manner not conforming to their nature or has caused any annual balance sheet thereof closed without ensuring its conformity with the ledger and the subsidiary ledger, branches, correspondent banks in Turkey and abroad and who has signed any document which has been used for taking any of the foregoing actions shall be sentenced to imprisonment between one year and three years and a judicial fine which shall not be less than 1,500 days. The officials of independent audit firms who approve such documents although they know that they have been prepared non-factually shall be sentenced to the same penalties. 

Impairing and preventing the functioning of the system; disposing or changing data

Article 157- The institutions subject to this Law shall be regarded as bank or credit institution in the context of the offenses of preventing or disrupting system, and deleting or modifying data, as defined in Article 244 of the Turkish Penal Code No. 5237.

From the report of the PwC Independent Audit Ak Yatırım Menkul Değerler A.Ş dated 6 January 2018:

The Responsibilities of the Management and Top Management Regarding Financial Statements

Company management is responsible from the internal control that it finds necessary for preparing the financial statements in accordance with the TMS, presenting them truthfully, and preparing them as not to include material misstatement resulting from mistake or deception. While preparing the financial statements, the management is responsible from the assessment of the ability of the Company to maintain its continuity, to disclose the issues regarding the continuity if necessary, and to use the continuity concept of the enterprise as long as there is no intention or requirement to end the commercial activity .

Those responsible from top management are also responsible from the monitoring of financial reporting of the Company.

Responsibilities of the Independent Auditor Regarding the Independent Audit of Financial Statements

In an independent audit, our responsibilities as independent auditors are as such:

Our purpose is to obtain a reasonable assurance whether the financial tables as a whole include a material misstatement resulting from mistake or fraud, and to draw up an independent audit report containing our opinion. The reasonable assurance given as a result of and independent audit, which is carried out in accordance with the IAS is a high assurance level, but it doesn’t guarantee that an existent material misstatement will be always detected. Misstatements may be resulting from mistake or fraud. If these mistakes are reasonably expected to affect the economic decisions that financial statement users will take with regard to these statements separately or as a whole, these misstatements are accepted as material.

We use our professional judgment throughout the independent audit that is carried out in accordance with the IAS, and maintain our professional skepticism.  In addition to this:

    -    ‘Material misstatement’ risks in financial statements resulting from mistake or fraud are determined and assessed; audit procedures are designed and applied corresponding to these risks, and sufficient and proper audit evidence is obtained that will constitute a basis to our opinion. Since fraud may involve collusion, deliberate negligence, misstatement or internal audit infringement actions, the risk of not detecting a material misstatement resulting from fraud is higher than the risk of not detecting a material misstatement resulting from mistake.

- Internal audit regarding the inspection is assessed with the purpose of designing audit procedures that are appropriate to the situation, but not with the purpose of presenting an opinion regarding the efficiency of the internal audit of the Company.

-It is assessed whether the accounting policies that are used by the management, made accounting predictions and relevant explanations are proper or not.

-We come to a conclusion whether there is an important uncertainty regarding the events or conditions that may create suspicion with respect to the ability of the Company to maintain its continuity and whether it is proper for the management to use the continuity principle of the enterprise. In case we conclude that there is a material uncertainty, we have to draw attention to the relevant explanations in the financial statements or if these explanations are insufficient, we have issue an opinion else than positive opinion. The conclusions we have reached are based on the audit evidences that are gathered until the independent auditor’s report. Having said that, future events or conditions may end the continuity of the Company.

-Including the financial statement explanations, general presentation, structure and content, and whether these statements reflect the transactions and events realistically, which constitute the basis of these statements, are evaluated.

Along with the other issues, we inform the important audit findings to those responsible from the top management with the scope and timing of the independent audit and the important internal audit deficiencies that we detected during the audit process.

We determine the key audit issues, which have particular importance in the independent audit of current financial statements among the issues that are informed to those responsible from top management. We may decide not to mention the relevant issue in our independent audit report in cases where the legislation doesn’t allow the issue to be announced to the public, or in the exceptional cases where the negative results, which will arise from announcing the issue to the public, is reasonably expected to exceed the public interest.



PwC Bağımsız Denetim ve Serbest Muhasebeci Mali Müşavirlik A.Ş.
Talar Gül, Independent Accountant and Finanical Advisor
Istanbul, 31 January 2018
 


Hakan YAVUZ

Sessiz çoğunluğun sesi. * Devletin bildiğini kimseden saklamam. * 0532 705 72 72.

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Kilit denetim konuları, mesleki muhakememize göre cari döneme ait finansal tabloların bağımsız denetiminde en çok önem arz eden konulardır. Kilit denetim konuları, bir bütün olarak finansal tabloların bağımsız denetimi çerçevesinde ve finansal ta

PwC Ulaslararasına gönderilen yazı (cevapsız)

Dear Sir/Madam,

You have thousands of employees and customers all around the world.  However, I couldn’t get a response for my letter that I wrote regarding the company, which was inspected by Talar Gül from your Turk

PwC - Talar Gül'e Akyatırım raporu yazısı

Sayın Talar Gül,
PwC Bağımsız Denetim
Serbest Muhasebeci Mali Müşavirlik A.Ş.


Akbank A.Ş. ve Ak Yatırım Menkul Değerler A.Ş.’nin Bağımsız Denetim faaliyetlerini yerine getirdiğinizden ve

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